Omnibus Environment, Climate and Legacy policy and supplemental appropriations

A bill for an act

relating to state government; establishing a stewardship program for batteries;

prohibiting mercury in batteries; authorizing rulemaking; appropriating money;

modifying previous appropriations; extending the availability of previous

appropriations; modifying the effective date of previously enacted legislation;

amending Minnesota Statutes 2024, sections 115A.03, by adding subdivisions;

115A.554; 115A.9157; 116.92, subdivision 6, by adding a subdivision; 325E.125,

subdivision 5; 325E.1251, subdivision 2; Laws 2023, chapter 40, article 4, section

2, subdivision 6, as amended; Laws 2024, chapter 90, article 1, section 52;

proposing coding for new law in Minnesota Statutes, chapter 115A; repealing

Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, 3;

325E.125, subdivisions 1, 2, 2a, 3, 4; 325E.1251, subdivision 1.

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

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES

Section 1.

Laws 2023, chapter 40, article 4, section 2, subdivision 6, as amended by Laws

2025, chapter 36, article 4, section 15, is amended to read:

Subd. 6.

Department of Administration

17,040,000

14,105,000

(a) The amounts in this subdivision are

appropriated to the commissioner of

administration for grants to the named

organizations for the purposes specified in this

subdivision. The commissioner of

administration may use a portion of this

appropriation for costs that are directly related

to and necessary for the administration of

grants in this subdivision.

(b) Grant agreements entered into by the

commissioner and recipients of appropriations

under this subdivision must ensure that money

appropriated in this subdivision is used to

supplement and not substitute for traditional

sources of funding.

(c)
Minnesota Public Radio

$2,050,000 each year is for Minnesota Public

Radio to create programming and expand news

service on Minnesota's cultural heritage and

history.

(d)
Association of Minnesota Public Educational

Radio Stations

$2,050,000 the first year and $2,050,000 the

second year are to the Association of

Minnesota Public Educational Radio Stations

for production and acquisition grants in

accordance with Minnesota Statutes, section

129D.19
.

(e)
Public Television

$5,000,000 the first year and $4,500,000 the

second year are to the Minnesota Public

Television Association for production and

acquisition grants according to Minnesota

Statutes, section
129D.18
. Of the amount in

the first year, $1,000,000 is for producing

Minnesota military and veterans' history

stories and unique immigrant stories from

around the state.

(f)
Wilderness Inquiry

$500,000 the first year and $600,000 the

second year are to Wilderness Inquiry to

preserve Minnesota's outdoor history, culture,

and heritage by connecting Minnesota youth

and families to natural resources.

(g)
Como Park Zoo

$1,725,000 each year is to the Como Park Zoo

and Conservatory for program development

that features educational programs and habitat

enhancement, special exhibits, music

appreciation programs, and historical garden

access and preservation.

(h)
Science Museum of Minnesota

$825,000 each year is to the Science Museum

of Minnesota for arts, arts education, and arts

access and to preserve Minnesota's history and

cultural heritage, including student and teacher

outreach, statewide educational initiatives, and

community-based exhibits that preserve

Minnesota's history and cultural heritage.

(i)
Appetite for Change

$200,000 the first year is to the nonprofit

Appetite for Change for the Community Cooks

programming, which will preserve the cultural

heritage of growing and cooking food in

Minnesota.

(j)
Lake Superior Zoo

$150,000 each year is to the Lake Superior

Zoo to develop educational exhibits and

programs.

(k)
Great Lakes Aquarium

$250,000 each year is to the Lake Superior

Center Authority to prepare, fabricate, and

install a hands-on exhibit with interactive

learning components to educate Minnesotans

on the history of the natural landscape of the

state.

(l)
State Band

$25,000 the first year and $25,000 the second

year are to the Minnesota state band to provide

free concerts throughout the state.

(m)
Veterans Memorial Park in Wyoming

$100,000 the first year is for a grant to the city

of Wyoming to build the Veterans Memorial

Plaza and related interpretive walk in Railroad

Park.

(n)
Great Northern Festival

$75,000 the first year and $75,000 the second

year are for a grant to support the Great

Northern Festival, which connects attendees

to parks, outdoor spaces, and cultural venues

through a festival.

(o)
Governor's Council on Developmental

Disabilities

$50,000 the first year is to the Minnesota

Governor's Council on Developmental

Disabilities to continue to preserve and raise

awareness of the history of Minnesotans with

developmental disabilities.

(p)
Minnesota Council on Disability

$125,000 the first year and $125,000 the

second year are to the Minnesota Council on

Disability to provide educational opportunities

in the arts, history, and cultural heritage of

Minnesotans with disabilities in conjunction

with the 50th anniversary of the Minnesota

Council on Disability. This appropriation is

available until June 30, 2027.

(q)
Keller Regional Park

$500,000 the first year is for a grant to Ramsey

County to preserve Minnesota's cultural

heritage by enhancing the tuj lub courts at

Keller Regional Park.

(r)
Vietnam War Anniversary

$250,000 the first year is for a grant to the

commissioner of veterans affairs to prepare

and host a commemoration program for the

50th anniversary of the Vietnam War.

(s)
St. Paul Cultural Art Installation

$500,000 the first year is for a grant to
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Forecast Public Art for an
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the city of St. Paul

for a public
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art installation celebrating

Olympic gold medalist Suni Lee. The project

funded by this paragraph must be located in

St. Paul at the Conway Recreation Center or,

if that site is not practicable, at Lake Phalen

at the platform containing the bust of Suni

Lee. This appropriation is available until June

30,
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2027
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2028
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.

(t)
One Heartland Center

$50,000 each year is for a grant to One

Heartland Center for programming and

outdoor activities for families and youth in

Minnesota.

(u)
Forest Lake Veterans Memorial

$100,000 the first year is for a grant to the

Forest Lake Veterans Memorial Committee

to construct a memorial to veterans of the

United States armed forces at Lakeside

Memorial Park in the city of Forest Lake. This

appropriation is available until June 30, 2027.

(v)
Hmong Plaza

$450,000 the first year is for a grant to the city

of St. Paul to construct the Hmong Plaza at

Phalen Lake.

(w)
Camille Gage Artist Fellowship

$55,000 the first year and $55,000 the second

year are for a grant to YWCA Minneapolis to

fund an annual fellowship to be known as the

Camille J. Gage Artist Fellowship. Of this

amount, up to $5,000 each year may be used

for administrative expenses. YWCA

Minneapolis must select a person for the

Camille J. Gage Artist Fellowship after an

application process that allows both

applications by interested persons and

nominations of persons by third parties. By

October 1, 2026, YWCA Minneapolis must

report to the chairs and ranking minority

members of the legislative committees and

divisions with jurisdiction over legacy on the

use of money appropriated under this

paragraph and on the activities of the person

selected for the Camille J. Gage Artist

Fellowship under this paragraph. This

appropriation is available until June 30, 2026.

(x)
Minnesota African American Heritage

Museum and Gallery

$235,000 the first year and $125,000 the

second year are for arts and cultural heritage

programming celebrating African American

and Black communities in Minnesota. Of the

amount in the first year, $110,000 is for C.

Caldwell Fine Arts for an outdoor mural

project in North Minneapolis to work with

young people to develop skills while using art

as the impetus.

(y)
Tibetan American Foundation of Minnesota

$25,000 the first year and $25,000 the second

year are for a grant to the Tibetan American

Foundation of Minnesota to celebrate and

teach the art, culture, and heritage of Tibetan

Americans in Minnesota.

(z)
Hong De Wu Guan

$25,000 the first year is for a grant to Hong

De Wu Guan to create cultural arts projects

like Lion Dance for after-school programs for

youth.

(aa)
Sepak Takraw of USA

$50,000 the first year is for a grant to the

Sepak Takraw of USA to work with youth and

after-school programs in the community to

teach the cultural games of tuj lub and sepak

takraw. This appropriation may not be used

to hold events.

(bb)
30,000 Feet

$75,000 the first year and $75,000 the second

year are for a grant to 30,000 Feet, a nonprofit

organization, to help youth and community

artists further develop their artistic skills, to

create community art and artistic

performances, and to promote and share

African American history and culture through

the arts.

(cc)
Siengkane Lao Minnesota

$50,000 the first year and $50,000 the second

year are for a grant to Siengkane Lao MN to

create cultural arts projects and to preserve

traditional performances.

(dd)
Hmong Cultural Center

$150,000 the first year and $150,000 the

second year are for a grant to the Hmong

Cultural Center of Minnesota for

museum-related programming and educational

outreach activities to teach the public about

the historical, cultural, and folk arts heritage

of Hmong Minnesotans.

(ee)
Comunidades Latinas Unidas En Servicio

$250,000 the first year and $250,000 the

second year are for a grant to Comunidades

Latinas Unidas En Servicio (CLUES) to

expand arts programming to celebrate Latino

cultural heritage; support local artists; and

provide professional development, networking,

and presentation opportunities.

(ff)
Hmong RPA Writing System

$300,000 the first year and $300,000 the

second year are for grants to recipients who

have demonstrated knowledge and interest in

preserving Hmong culture to preserve Hmong

Minnesotans' heritage, history, language, and

culture. Grants must be used in conjunction

with Minnesota universities to improve and

develop a unified and standardized Latin

alphabet form of the Hmong RPA writing

system. No portion of this appropriation may

be used to encourage religious membership

or to conduct personal ceremonies or events.

This appropriation is available until June 30,

2028.

(gg)
Somali Museum of Minnesota

$125,000 the first year and $125,000 the

second year are for a grant to the Somali

Museum of Minnesota for heritage arts and

cultural vitality programs to provide classes,

exhibits, presentations, and outreach about the

Somali community and heritage in Minnesota.

(hh)
Minnesota Museum of American Art

$200,000 the first year and $200,000 the

second year are for a grant to the Minnesota

Museum of American Art for exhibit

programming and for a Native American

Fellowship at the museum.

(ii)
Fanka Programs

$250,000 the first year and $250,000 the

second year are for a grant to Ka Joog

statewide Somali-based collaborative

programs for arts and cultural heritage. The

funding must be used for Fanka programs to

provide arts education and workshops, mentor

programs, and community presentations and

community engagement events throughout

Minnesota.

(jj)
The Bakken Museum

$150,000 the first year is for a grant to The

Bakken Museum for interactive exhibits and

outreach programs on arts and cultural

heritage.

(kk)
4-H Shooting Sports

$50,000 the first year is to the University of

Minnesota Extension Office to provide grants

to Minnesota 4-H chapters that have members

participating in state and national

4-H-sanctioned shooting sports events.

Eligible costs for grant money include

shooting sports equipment and supplies and

event fees associated with participating in state

shooting sports events.

(ll)
Public Art Saint Paul

$75,000 each year is for a grant to Public Art

Saint Paul for art programming at the Wakpa

Triennial Art Festival to showcase new art

across the Twin Cities by Minnesota artists in

outdoor and indoor settings and to encourage

visitors to experience the arts and culture

produced by local arts and culture

organizations.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Laws 2024, chapter 90, article 1, section 52, is amended to read:

Sec. 52.
EFFECTIVE DATE.

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(a)
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Sections
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1 to 51
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4, 7, 10 to 12, 14 to 17, and 19 to 51, and the amendments to

Minnesota Rules, parts 6100.5002, 6213.0100, 6213.0400, 6213.0500, 6232.0200, 6232.0300,

6232.0400, 6232.0500, 6232.0900, 6232.1250, 6232.1300, 6232.1600, 6232.1950, 6232.1970,

6232.1980, 6232.2550, 6232.2800, 6232.3100, 6232.4400, 6234.1600, 6234.1700, 6234.2000,

6234.2600, 6236.0300, 6236.0500, 6236.0950, 6237.0200, 6262.1000, 6262.3200, 6264.0400,

and 6266.0700, and the repealer as adopted by the commissioner of natural resources and

published in the State Register, volume 49, page 1416, June 30, 2025,
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are effective upon

full implementation of the replacement electronic license
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, permits, and pass portions of the

electronic license
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system.

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(b) Sections 5, 6, 8, 9, 13, and 18 are effective upon full implementation of the vehicle

registration portions of the electronic license system.

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(c)
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The commissioner of natural resources must notify the revisor of statutes when the
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replacement electronic license system is fully
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implemented.
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portions of the replacement

electronic licensing system governed by the sections and rule modifications described in

paragraph (a) are fully implemented and when the portions of the replacement electronic

licensing system governed by the sections described in paragraph (b) are fully implemented.
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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.
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APPROPRIATION EXTENSIONS.
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Subdivision 1.

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Parks and trails fund appropriation extensions.

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(a) The availability

of the grant to the St. Louis and Lake Counties Regional Railroad Authority for the Mesabi

Trail project from the parks and trails fund fiscal year 2024 appropriation under Laws 2023,

chapter 40, article 3, section 3, paragraph (c), is extended to June 30, 2027.

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(b) The availability of the grant to Olmsted County for the Oxbow Park and Zollman

Zoo project from the parks and trails fund fiscal year 2024 appropriation under Laws 2023,

chapter 40, article 3, section 3, paragraph (c), is extended to June 30, 2027.

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(c) The availability of the grant to Stearns County for the Kraemer Lake and Wildwood

County Park project from the parks and trails fund fiscal year 2024 appropriation under

Laws 2023, chapter 40, article 3, section 3, paragraph (c), is extended to June 30, 2027.

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(d) The availability of the grant to Redwood County for the Plum Creek Park project

from the parks and trails fund fiscal year 2024 appropriation under Laws 2023, chapter 40,

article 3, section 3, paragraph (c), is extended to June 30, 2027.

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(e) The availability of the grant to the city of Sandstone for the Robinson Quarry Park

project from the parks and trails fund fiscal year 2025 appropriation under Laws 2023,

chapter 40, article 3, section 3, paragraph (c), is extended to June 30, 2027.

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Subd. 2.

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Department of Natural Resources appropriation extensions.

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(a) The

appropriation in Laws 2024, chapter 116, article 1, section 3, subdivision 5, for an electronic

licensing system is available until June 30, 2027.

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(b) The appropriation in Laws 2023, chapter 60, article 1, section 3, subdivision 6,

paragraph (h), for a grant to expand Minnesota's wild elk population and range is available

until June 30, 2027.

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Subd. 3.

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Metropolitan Council appropriation extensions.

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(a) The general fund

appropriation in Laws 2024, chapter 116, article 1, section 5, for community tree-planting

grants is available until June 30, 2027.

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(b) The natural resources fund appropriation in Laws 2024, chapter 116, article 1, section

5, for grants to implementing agencies to plant trees is available until June 30, 2027.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 4.
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APPROPRIATION; MINNESOTA ZOOLOGICAL BOARD.
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$3,800,000 in fiscal year 2026 is appropriated from the general fund to the Minnesota

Zoological Board. This is a onetime appropriation.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 5.
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APPROPRIATION; STUDY OF UNLAWFUL SHIPMENT OF INFECTIOUS

OR PATHOLOGICAL WASTE.
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(a) By January 1, 2027, the commissioner of the Pollution Control Agency must submit

a study to the chairs and ranking minority members of the senate and house of representatives

committees and divisions with primary jurisdiction over environment and health and human

services on the unlawful transportation of infectious or pathological waste to solid waste

management facilities. The study must include:

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(1) an assessment of the extent and frequency of unlawful transfer of infectious or

pathological waste to solid waste management facilities and an assessment of the costs

associated with those unlawful transfers; and

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(2) recommendations for legislative or policy changes that could be adopted to reduce

the frequency and cost of unlawful transfers of infectious or pathological waste, including

an estimate of the costs to state agencies and other affected parties of each option. In

formulating these recommendations, the commissioner must consider whether the following

measures might contribute to a reduction in unlawful transfers of infectious or pathological

waste to solid waste management facilities:

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(i) imposing fines on those who unlawfully transport infectious or pathological waste

to solid waste management facilities; and

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(ii) undertaking unannounced inspections of infectious or pathological waste generators.

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(b) $75,000 in fiscal year 2027 is appropriated from the environmental fund to the

commissioner of the Pollution Control Agency to conduct the study required by this section.

This is a onetime appropriation.

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ARTICLE 2

BATTERY STEWARDSHIP

Section 1.

Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision

to read:

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Subd. 3b.

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Battery.

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"Battery" means one or more galvanic cells, including any structural

members, casing, and terminals.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 2.

Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to

read:

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Subd. 10d.

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Facilitate a sale.

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"Facilitate a sale" means to assist a person in transferring

title or possession of a product, regardless of whether title or possession is ever acquired

by the person facilitating a sale, such as by operating an online marketplace, publishing an

offer for sale on a website, physically storing inventory of products, entering into a contract

to allow another person to list a product for sale, processing payment on behalf of another

person, entering into a contract with a buyer or a seller related to a sale, or otherwise

providing a sales process. Facilitate a sale does not include acting solely as:

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(1) an advertiser;

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(2) a payment processor; or

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(3) a common carrier.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 3.

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[115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES;

DEFINITIONS.

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(a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this

section and section 115A.03.

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(b) "Battery-containing product" means a product:

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(1) in which a covered battery is contained;

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(2) to which a covered battery is attached; or

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(3) with which a covered battery is packaged.

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(c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a

symbol, a word, or an identifier that attributes a product to the owner or licensee of the

brand.

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(d) "Collection" means receipt of discarded covered batteries from a person, including

sorting and storage that are necessary for receipt and that are performed by the covered

battery collector. Collection does not include transport of a covered battery that occurs after

a covered battery collector receives the covered battery, except for transport by the covered

battery collector to or between a covered battery collection site or sites operated by the

covered battery collector.

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(e) "Covered battery" means a loose battery or a battery that is easily removable. A

covered battery may be of any brand, type, or chemistry. A covered battery includes a

covered small battery or covered medium battery. A covered battery does not include:

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(1) a lead acid battery regulated under sections 325E.115 and 325E.1151;

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(2) a battery designed, manufactured, and intended solely for use in a motor vehicle;

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(3) a battery contained within a medical device, as specified in United States Code, title

21, section 321(h), as it existed as of the effective date of this section, that is not designed

and marketed for sale or resale principally to consumers for personal use;

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(4) a battery removed from a permanent, stationary, energy storage system that requires

installation and removal by an electrician licensed under chapter 326B;

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(5) a battery transported into the state after the battery is collected in another state; or

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(6) a battery subject to recall for safety reasons.

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(f) "Covered battery collection site" means a physical location where a covered battery

collector collects covered batteries from other persons, regardless of whether the covered

battery collector operates the location permanently, temporarily, or for purposes of a

collection event.

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(g) "Covered battery collector" means a person that collects covered batteries on behalf

of and under agreement with a covered battery stewardship organization and receives

reimbursement at the rates determined according to section 115A.1335 from a covered

battery stewardship organization for the covered battery collector's costs for collection of

the covered batteries.

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(h) "Covered battery producer" means the following person responsible for compliance

with requirements under sections 115A.1331 to 115A.1347 for a covered battery sold,

including online sales, offered for sale or promotional purposes, or distributed in or into the

state:

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(1) for a covered battery:

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(i) if the covered battery is sold, offered, or distributed under a brand owned by the

person that manufactured the covered battery, the producer is the person that manufactured

the covered battery;

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(ii) if the covered battery is sold, offered, or distributed under a brand owned by a person

other than the person that manufactured the covered battery, the producer is the person that

owned the brand;

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(iii) if the covered battery is sold, offered, or distributed under a brand licensed to a

person, the producer is the person that is the licensee of the brand under which the covered

battery is sold, offered, or distributed, whether or not the brand is registered in the state;

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(iv) if there is no person described in items (i) to (iii) within the United States, the

producer is the person that imported the covered battery into the United States to be sold,

offered, or distributed; and

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(v) if there is no person described in items (i) to (iv), the producer is the person that first

sold, offered, or distributed the covered battery in or into the state;

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(2) for a covered battery contained in, attached to, or packaged with a battery-containing

product:

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(i) if the battery-containing product is sold, offered, or distributed under a brand owned

by the person that manufactured it, the producer is the person that manufactured the

battery-containing product;

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(ii) if the battery-containing product is sold, offered, or distributed under a brand owned

by a person other than the person that manufactured the battery-containing product, the

producer is the person that owned the brand;

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(iii) if the battery-containing product is sold, offered, or distributed under a brand licensed

to a person, the producer is the person that is the licensee of the brand under which the

battery-containing product is sold, offered, or distributed, whether or not the brand is

registered in the state;

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(iv) if there is no person described in items (i) to (iii) within the United States, the

producer is the person that imported the battery-containing product into the United States

to be sold, offered, or distributed; and

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(v) if there is no person described in items (i) to (iv), the producer is the person that first

sold, offered, or distributed the battery-containing product in or into the state;

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(3) notwithstanding clause (2), a producer does not include any person that manufactured,

imported into the United States, or sold, offered, or distributed in or into the state a

battery-containing product if the producer of the only covered batteries contained in, attached

to, or packaged with the battery-containing product is named as a participant by a covered

battery stewardship organization and both the person and the participant acknowledge such

in writing to the covered battery stewardship organization; and

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(4) notwithstanding clauses (1) and (2), a person that voluntarily assumes the

responsibility of a producer of a covered battery and certifies that they have assumed the

responsibility of a producer in writing to the commissioner is the producer of the covered

battery.

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(i) "Covered battery stewardship organization" means an organization that contracts

with one or more covered battery producers to meet the producers' obligations under sections

115A.1331 to 115A.1347.

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(j) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared

according to section 115A.1335 and submitted to the commissioner by a covered battery

stewardship organization.

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(k) "Covered battery stewardship program" means a system implemented by a covered

battery stewardship organization to manage all covered batteries offered to a covered battery

collector by arranging and paying for the collection, covered services, and all other activities

described in a covered battery stewardship plan published on the agency's publicly accessible

website under section 115A.1335, subdivision 4, paragraph (e), or 5, paragraph (a).

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(l) "Covered medium battery" means a covered battery that weighs more than 11 pounds

but equal to or less than 25 pounds or has an energy capacity greater than 300 watt-hours

but equal to or less than 2,000 watt-hours.

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(m) "Covered medium battery collection site" means a covered battery collection site

that meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (b), and

(d).

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(n) "Covered services" means transportation, processing, recycling, and disposal of

covered batteries and residual materials after collection. Covered services does not include:

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(1) repair or reuse of a covered battery by the collector; or

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(2) transport of a covered battery by the covered battery collector that collected it to or

between a covered battery collection site or sites that are operated by the covered battery

collector.

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(o) "Covered small battery" means a covered battery that weighs 11 pounds or less and

has an energy capacity of 300 watt-hours or less.

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(p) "Covered small battery collection site" means a covered battery collection site that

meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (c), and (d).

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(q) "Distribute" means to sell, offer, supply, ship, transport, or deliver a product to a

person that sells, offers, supplies, ships, transports, or delivers the product in or into the

state, regardless of whether title to the product is ever acquired by a person distributing the

product.

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(r) "Easily removable" or "easily removed" means that a battery can be removed by a

single person from a product by hand or by hand and the use of only:

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(1) a flathead, crosshead, or Phillips screwdriver;

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(2) a paper clip;

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(3) a coin; or

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(4) a hex key.

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(s) "Household hazardous waste management program" means a program established

under section 115A.96 to collect and manage household hazardous waste, as defined in

section 115A.96, that is established or operated by the agency or another public entity,

including but not limited to a political subdivision, state agency, or federally recognized

Tribe.

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(t) "Independent auditor" means a certified public accountant that:

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(1) holds a current active license under chapter 326A and rules adopted thereunder;

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(2) is retained by a covered battery stewardship organization;

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(3) is not otherwise employed by or affiliated with the commissioner or a covered battery

stewardship organization; and

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(4) is qualified to conduct an audit under section 115A.1337, subdivision 6, clause (8).

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(u) "Loose battery" means a battery that is not contained in or attached to a product. A

loose battery does not include a battery that is contained in an enclosure when the enclosure

is not integral to the operation of the battery.

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(v) "Motor vehicle" has the meaning given in section 168.002.

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(w) "Participant" means a covered battery producer that is named by a covered battery

stewardship organization as meeting the covered battery producer's obligations under sections

115A.1331 to 115A.1347. If one covered battery producer is named as a participant by

voluntarily assuming responsibility for a covered battery on behalf of other covered battery

producers under paragraph (h), clause (4), then all those covered battery producers are also

participants.

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(x) "Rechargeable battery" means a battery that is designed and intended to have electrical

energy added to it by electrical or physical means after use.

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(y) "Residual material" means material and waste resulting from processing, recycling,

or disposal of a covered battery.

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(z) "Responsible market" means a market for covered batteries, for reclaimed materials

from collected covered batteries, or for any other recyclable residual material from collected

covered batteries that:

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(1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a

manner that protects the environment and minimizes risks to public health and worker health

and safety;

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(2) complies with all applicable federal, state, and local statutes, rules, ordinances, and

other laws governing environmental, health, safety, and financial responsibility;

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(3) possesses all licenses and permits required by a federal or state agency or political

subdivision;

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(4) if operating in the state, recycles batteries to the maximum extent practicable in

accordance with section 115A.02, paragraph (b); and

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(5) minimizes adverse impacts to environmental justice areas.

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(aa) "Specialized covered battery recycler" means a person that, if and as applicable, is

properly authorized by the commissioner or, if operating in another state or country, an

equivalent state, federal, or other governmental body, to process or recycle useful materials

from covered batteries.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 4.

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[115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.

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Subdivision 1.

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Due dates.

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(a) By July 1, 2027:

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(1) a covered battery producer must contract with a covered battery stewardship

organization to act on the covered battery producer's behalf for purposes of complying with

the producer's obligations under sections 115A.1331 to 115A.1347; and

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(2) a covered battery stewardship organization must:

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(i) notify the commissioner that it has been designated by covered battery producers to

act on their behalf; and

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(ii) provide to the commissioner its identity and contact information.

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(b) By January 1, 2029, a covered battery stewardship organization must submit to the

commissioner a covered battery stewardship plan that meets all requirements of subdivision

2 for review under subdivision 4.

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Subd. 2.

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Plan content; budget requirement.

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(a) A covered battery stewardship plan

must include:

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(1) identification of and contact information for the covered battery stewardship

organization;

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(2) a description and example of contracts, including a list of all parties to the contracts,

that must:

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(i) clearly grant the covered battery stewardship organization the authority to act on

behalf of the participants that the covered battery stewardship organization represents to

implement the covered battery stewardship plan;

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(ii) include a statement of responsibility of the participants that the covered battery

stewardship organization represents to comply with the approved covered battery stewardship

plan; and

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(iii) include a statement of responsibility of the participants that the covered battery

stewardship organization represents to fund the covered battery stewardship organization

as necessary to implement the covered battery stewardship plan, pay for associated costs,

and pay for fees and penalties assessed by the commissioner;

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(3) identification of and contact information for all participants in the covered battery

stewardship program;

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(4) identification of and contact information for each covered battery collector or

prospective covered battery collector that has agreed to operate covered battery collection

sites to collect covered batteries on behalf of the covered battery stewardship organization

and documentation of such agreements. A covered battery collection site may only be

included in one covered battery stewardship plan at a time;

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(5) identification of and contact information for each person providing covered services

and the location of all facilities where covered services will be provided;

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(6) identification and contact information for those persons that the covered battery

stewardship organization has contracted with and that will administer and implement the

covered battery stewardship program in accordance with section 115A.1337, subdivision

7. The relationship of the other persons to the covered battery stewardship organization and

their role in administering and implementing the covered battery stewardship program must

be described;

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(7) the address, county of location, and, in a form prescribed by the commissioner,

geolocation data for each covered battery collection site to be served through the covered

battery stewardship organization under the covered battery stewardship program and

identification of those covered battery collection sites that are operated by a household

hazardous waste management program;

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(8) a list of the brands covered under the covered battery stewardship program;

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(9) eligibility criteria for prospective covered battery collectors;

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(10) a description of how the covered battery stewardship program will provide

convenient, statewide collection according to subdivision 3 without collection of covered

batteries performed by collection sites on behalf of another covered battery stewardship

organization;

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(11) a description of how the covered battery stewardship organization will annually

monitor and ensure continuing compliance with the convenience standards under subdivision

3;

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(12) a description of how the covered battery stewardship organization will ensure each

covered battery collector is provided with the materials specified in section 115A.1337,

subdivision 1;

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(13) a description of how covered battery collection sites will be accessible according

to section 115A.1337, subdivision 2;

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(14) the performance standards for persons providing covered services for the covered

battery stewardship organization and the oversight methods by which the covered battery

stewardship organization will ensure continuing compliance with the performance standards.

The covered battery stewardship organization may determine performance standards, which

at a minimum must:

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(i) accord with clauses (17) to (20), (22), (23), and (36);

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(ii) ensure that covered services other than transportation are provided only by specialized

covered battery recyclers; and

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(iii) ensure covered batteries and residual materials are managed through responsible

markets;

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(15) a description of the oversight methods by which the covered battery stewardship

organization will ensure continuing compliance with the performance standards under clause

(14);

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(16) a description of how the covered battery stewardship organization will ensure that

there are multiple persons providing covered services to ensure resiliency in the system;

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(17) a description of methods by which the covered battery stewardship organization

will ensure that discarded covered batteries and residual materials managed under the covered

battery stewardship program are managed while in the state in compliance with rules adopted

under section 116.07 for managing solid waste and hazardous waste, when applicable, and,

when outside the state, with all applicable legal requirements for managing solid waste and

hazardous waste, as applicable;

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(18) a description of the actions the covered battery stewardship organization will take

upon receiving information of potential or actual noncompliance under clause (17) by any

person handling covered batteries under the covered battery stewardship program;

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(19) a description of methods by which the covered battery stewardship organization

will ensure that covered batteries and residual materials managed under the covered battery

stewardship program are managed in compliance with safety and health requirements for

employees administered by the Department of Labor and Industry and with fire protection

requirements administered by the Department of Public Safety while in the state and, when

outside the state, with all applicable federal, state, and local employee safety and health

requirements and fire protection requirements;

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(20) a description of the actions the covered battery stewardship organization will take

upon receiving information of potential or actual noncompliance under clause (19) by any

person handling covered batteries under the covered battery stewardship program;

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(21) a description of how the covered battery stewardship organization will ensure

sufficient and timely pickup and transport of covered batteries are provided to each covered

battery collection site so that the covered battery collection site can continuously and safely

collect and store covered batteries;

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(22) a description of methods by which the covered battery stewardship organization

will ensure that covered batteries and residual materials managed under the covered battery

stewardship program are transported in compliance with applicable regulations incorporated

by reference under section 221.033 for transporting hazardous materials while in the state

and, when outside the state, with all applicable legal requirements for transporting hazardous

materials;

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(23) a description of the actions the covered battery stewardship organization will take

upon receiving information of potential or actual noncompliance under clause (22) by any

person handling covered batteries under the covered battery stewardship program;

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(24) a statement of indemnification by the covered battery stewardship organization to

covered battery collectors for potential liability for improper downstream management of

covered batteries or residual materials by providers of covered services arranged for by the

covered battery stewardship organization and identified in the covered battery stewardship

plan under clause (5);

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(25) a description of how the covered battery stewardship organization will determine

and annually report the quantity of covered batteries collected under the covered battery

stewardship program by chemistry by weight;

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(26) a description of the outreach and education methods and activities that the covered

battery stewardship organization will ensure are provided according to section 115A.1337,

subdivision 4;

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(27) a description of how the covered battery stewardship organization will ensure that

there is at least one full-time representative of the covered battery stewardship organization

who is dedicated to implementing the covered battery stewardship program in this state and

serves as the primary contact between the covered battery stewardship organization and the

agency;

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(28) the proposed reimbursement rates for covered battery collectors that are household

hazardous waste management programs, according to the following:

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(i) the proposed reimbursement rates must cover all costs of collection incurred by the

covered battery collectors, which include but are not limited to:

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(A) labor, overhead, and supplies;

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(B) necessary collection and storage;

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(C) employee training; and

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(D) necessary safety materials;

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(ii) the covered battery stewardship organization may, on agreement with the covered

battery collectors, provide materials or services to covered battery collectors in lieu of

covering specific costs;

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(iii) necessary safety materials described in item (i), subitem (D), do not include fire

safety infrastructure, such as fire sprinklers or fire detection systems; and

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(iv) the covered battery stewardship organization must meet and agree on the proposed

reimbursement rates with covered battery collectors and prospective covered battery

collectors that are household hazardous waste management programs;

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(29) the proposed reimbursement rates for covered battery collectors that are not

household hazardous waste management programs, according to the following:

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(i) the proposed reimbursement rates must cover all of the following costs of collection

incurred by the covered battery collectors:

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(A) necessary collection and storage;

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(B) supplies;

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(C) employee training; and

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(D) necessary safety materials;

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(ii) the proposed reimbursement rates may, on agreement with the covered battery

collectors, cover costs of collection in addition to those described in item (i);

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(iii) the covered battery stewardship organization may, on agreement with the covered

battery collectors, provide materials or services to covered battery collectors in lieu of

covering specific costs;

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(iv) necessary safety materials described in item (i), subitem (C), do not include fire

safety infrastructure, such as fire sprinklers or fire detection systems; and

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(v) the covered battery stewardship organization must meet and agree on the proposed

reimbursement rates with covered battery collectors and prospective covered battery

collectors that are not household hazardous waste management programs;

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(30) documentation that the covered battery collectors and prospective covered battery

collectors identified in clause (4) have agreed to the proposed reimbursement rates in clauses

(28) and (29);

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(31) documentation that the number of covered battery collection sites identified in

clause (7) to be operated by the covered battery collectors identified in clause (4) are

sufficient to ensure that the covered battery stewardship organization will comply with the

convenience standards of subdivision 3;

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(32) a description of the system by which the covered battery stewardship organization

will provide advance payment or reimbursement to covered battery collectors in a manner

that provides:

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(i) periodic automatic payment of reimbursements at least annually; or

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(ii) a process for submitting reimbursement requests and reasonable timelines for

reimbursement, at intervals no longer than monthly unless otherwise agreed to by the covered

battery collector;

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(33) a description of the system by which the covered battery stewardship organization

will pay persons providing covered services in a manner that provides:

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(i) a clear process for submitting invoices; and

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(ii) reasonable timelines for payment, at intervals agreed to by the person providing

covered services;

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(34) a description of how the covered battery stewardship program costs will be allocated

among participants, either individually or among groups of participants identified by the

covered battery stewardship organization, such that the costs of managing covered batteries

are allocated equitably. As part of this description, a clear assignment of responsibility for

costs of managing covered batteries subject to a voluntary or mandatory recall to the

participant or participants associated with those covered batteries and not other participants

must be included;

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(35) a description of how the covered battery stewardship organization will comply with

subdivision 6, paragraph (b);

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(36) a description of how the covered battery stewardship organization will ensure that

covered batteries and residual materials managed under the covered battery stewardship

program are managed to the maximum extent practicable in accordance with section 115A.02,

paragraph (b);

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(37) a description of how the covered battery stewardship organization will take actions

within its purview and provide feedback for covered battery producers to enable

improvements in product design and material use, technology, and personnel training that

could raise the future maximum extent practicable for management described in clause (36),

including consideration of covered battery reuse, repair, and product life cycle;

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(38) a description of how the covered battery stewardship organization will annually

report to the commissioner, by chemistry by weight, the end management through recycling

or disposal of covered batteries for which the covered battery stewardship program was

responsible during each calendar year; and

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(39) a description of how the covered battery stewardship organization will take action

to decrease the incidence of covered batteries in solid waste in the state, including providing

collection opportunities under section 115A.1337, subdivision 2, paragraph (b).

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(b) By January 1, 2029, and annually thereafter, a covered battery stewardship

organization must submit an anticipated annual budget for the covered battery stewardship

program for that calendar year, broken down into the covered battery stewardship program's

estimated costs for administration, collection, sorting after collection, storage after collection,

transportation after collection, processing, recycling, disposal, and communication, including

the cost of fees under section 115A.1339. The budget is not subject to review and approval

under subdivisions 4 and 5.

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Subd. 3.

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Convenience standards.

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(a) A covered battery stewardship plan must provide

convenient, statewide collection for all covered batteries that are offered to covered battery

collectors by a person in the state, regardless of:

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(1) a covered battery's type, physical size, energy capacity, or chemistry;

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(2) a covered battery's brand; or

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(3) the producer of a covered battery.

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(b) A covered battery stewardship plan submitted by a covered battery stewardship

organization must independently meet the convenience standards in paragraphs (c) to (d)

without cost sharing, collaboration, or consideration of activities of another covered battery

stewardship organization.

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(c) For covered small batteries, a covered battery stewardship organization must:

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(1) in each county with a population of 10,000 or less, maintain at least two covered

small battery collection sites;

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(2) in each county with a population greater than 10,000 but less than or equal to 100,000,

maintain at least two covered small battery collection sites and at least one additional covered

small battery collection site for each additional 10,000 in population above a population of

10,000;

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(3) in each county with a population greater than 100,000, maintain at least 11 covered

small battery collection sites and at least one additional covered small battery collection

site for each additional 50,000 in population above a population of 100,000; and

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(4) maintain a covered small battery collection site located within ten miles of the

household of at least 95 percent of the residents of the state.

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(d) For covered medium batteries, a covered battery stewardship organization must:

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(1) in each county with a population of 100,000 or less, maintain at least one covered

medium battery collection site;

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(2) in each county with a population greater than 100,000, maintain at least two covered

medium battery collection sites and at least one additional covered medium battery collection

site for each additional 100,000 in population above a population of 100,000; and

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(3) maintain a covered medium battery collection site located within ten miles of the

household of at least 95 percent of the residents of the state.

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(e) When demonstrating compliance with paragraphs (c) and (d), a covered battery

stewardship organization may count a covered medium battery collection site as a covered

small battery collection site.

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(f) A covered battery stewardship organization must ensure no net loss in estimated

collection convenience and capacity for covered batteries from the program in place on

January 1, 2026.

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(g) Upon a showing by a covered battery stewardship organization that meeting the

convenience standard of paragraph (c) or (d), for a specific county or development region

would cause undue hardship to the covered battery stewardship organization, the

commissioner may approve an alternative convenience standard if the proposed alternative

convenience standard would reasonably result in equivalent covered battery collection

convenience.

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Subd. 4.

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Review of covered battery stewardship plan; implementation.

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(a) Within

120 days after receiving a complete covered battery stewardship plan submitted under this

section, the commissioner must determine whether the stewardship plan complies with this

section and will ensure that elements required by subdivision 2, paragraph (a), will be met

to the maximum extent practicable. The commissioner must provide a written notice of

determination according to this subdivision.

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(b) In conducting a review of a covered battery stewardship plan, the commissioner may

consult with interested parties.

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(c) For at least 30 days before approving a covered battery stewardship plan, the

commissioner must place the stewardship plan on the agency's publicly accessible website

for public review and comment.

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(d) If the commissioner determines that a covered battery stewardship plan fails to

comply with this section or will not ensure that elements required by subdivision 2, paragraph

(a), will be met to the maximum extent practicable, the commissioner must reject the covered

battery stewardship plan. The commissioner must provide a written notice of determination

to the covered battery stewardship organization describing the reasons for the rejection.

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(e) After any consultation under paragraph (b) and review of public comments received

under paragraph (c), if the commissioner determines that a covered battery stewardship plan

complies with this section and will ensure that elements required by subdivision 2, paragraph

(a), will be met to the maximum extent practicable, the commissioner must approve the

covered battery stewardship plan. The commissioner must provide a written notice of

determination to the covered battery stewardship organization and must publish the approved

covered battery stewardship plan on the agency's publicly accessible website within 30 days

after approval.

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(f) The covered battery stewardship organization must implement the covered battery

stewardship plan approved by the commissioner, including any amendments to the

stewardship plan that are approved by the commissioner according to subdivision 5, within

60 days after receiving written notice of approval.

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(g) For each covered battery stewardship plan or amendment submitted to the

commissioner for review, the commissioner may consider the data submitted according to

section 115A.1337, subdivision 6, and other relevant information to establish requirements

to improve the effectiveness, performance, and awareness of the covered battery stewardship

program.

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Subd. 5.

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Amending or terminating a covered battery stewardship plan.

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(a) A covered

battery stewardship organization may amend a covered battery stewardship plan approved

under subdivision 4 without review or approval by the commissioner to make the changes

specified in clauses (1) to (3). Within 30 days after adopting an amendment under this

paragraph, a covered battery stewardship organization must report the amendment to the

commissioner and the commissioner must publish the amended stewardship plan on the

agency's publicly accessible website. A covered battery stewardship organization must

implement amendments made to a stewardship plan under this paragraph within 60 days

after adopting the amendment. A covered battery stewardship organization may:

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(1) add; terminate, when authorized under section 115A.1337, subdivision 1, if applicable;

or replace a covered battery collector, collection site, person providing covered services,

or facility where covered services will be performed;

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(2) add or remove participants or brands covered under a covered battery stewardship

plan; or

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(3) change contact staff or contact staff information for a covered battery stewardship

organization, participants, covered battery collectors, or persons providing covered services.

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(b) Except for an amendment under paragraph (a), a covered battery stewardship plan

containing any amendment must be submitted to and reviewed and approved by the

commissioner before it may be implemented by a covered battery stewardship organization.

The commissioner must review and approve or reject the covered battery stewardship plan

containing the proposed amendment according to subdivision 4.

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(c) A covered battery stewardship organization must submit an amended covered battery

stewardship plan for review:

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(1) at least every five years according to this subdivision and subdivision 4; or

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(2) within 60 days if the commissioner determines that an amended stewardship plan is

necessary to implement sections 115A.1331 to 115A.1347.

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(d) A covered battery stewardship organization may terminate a covered battery

stewardship plan only:

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(1) by providing at least 90 days' written notice to the commissioner and to all covered

battery stewardship organizations and participants in the covered battery stewardship

program; and

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(2) after a replacement covered battery stewardship plan submitted by the covered battery

stewardship organization or a new covered battery stewardship organization is approved

by the commissioner under subdivision 4.

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(e) The commissioner may terminate a covered battery stewardship plan for good cause,

as defined in paragraph (f). If the commissioner terminates a covered battery stewardship

plan, the commissioner must provide the covered battery stewardship organization with

written notice of termination describing the good cause for termination. The commissioner

must also notify all participants in the covered battery stewardship program in writing of

the termination, using the contact information for the participants provided in the covered

battery stewardship plan.

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(f) For purposes of paragraph (e), "good cause" includes but is not limited to:

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(1) failure by a covered battery stewardship organization to:

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(i) fully and accurately disclose required or requested information to the commissioner;

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(ii) comply with the terms of sections 115A.1331 to 115A.1347; or

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(iii) pay fees or penalties owed to the commissioner or comply with an order lawfully

issued by the commissioner; and

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(2) a finding that a covered battery stewardship organization's activities endanger human

health or the environment and the danger cannot reasonably be removed by an amendment

to a covered battery stewardship plan.

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Subd. 6.

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Compliance.

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(a) A covered battery stewardship organization must comply with

a covered battery stewardship plan approved by the commissioner, including any amendments

to the stewardship plan that are made according to subdivision 5, paragraph (a) or (b). A

covered battery stewardship organization must ensure that all participants, covered battery

collectors, and persons providing covered services acting on behalf of the covered battery

stewardship organization also comply with the stewardship plan and are responsible to the

covered battery stewardship organization and to the commissioner for compliance.

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(b) A covered battery stewardship organization must ensure that covered battery collectors

are reimbursed according to the reimbursement rates approved by the commissioner according

to this section and the system described in a covered battery stewardship plan.

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(c) A covered battery stewardship organization must ensure that all costs of a covered

battery stewardship program as specified in sections 115A.1331 to 115A.1347 are fully

paid for by participants. All costs of a covered battery stewardship program must be allocated

fairly between groups of participants without any fee, charge, surcharge, or any other cost

to:

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(1) any member of the public;

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(2) any business other than a covered battery producer;

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(3) any covered battery collector;

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(4) any person providing covered services;

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(5) the state or any political subdivision; or

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(6) any other person that is not a covered battery producer.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 5.

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[115A.1337] COVERED BATTERY STEWARDSHIP ORGANIZATION;

DUTIES AND STRUCTURE.

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Subdivision 1.

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Duties to covered battery collectors.

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(a) A covered battery stewardship

organization must ensure that the following are provided to each covered battery collector:

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(1) reimbursement at the rates determined according to section 115A.1335 and the system

described in a covered battery stewardship plan;

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(2) pickup and transport of collected covered batteries from each covered battery

collection site in sufficient time and quantity to allow a covered battery collector to safely

receive covered batteries without interruption or cost to the covered battery collector;

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(3) appropriate containers for storage and transportation of covered batteries and supplies

necessary for the collection of covered batteries;

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(4) signage to identify collection sites and the covered batteries accepted at the collection

sites;

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(5) training for covered battery collection site employees on identifying and safely

handling and storing covered batteries, including damaged, defective, or recalled batteries,

also known as DDR batteries; and

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(6) educational materials that address the information described in subdivision 4,

paragraph (a), clause (3), for distribution to members of the public and businesses in

Minnesota. The educational materials must be made available in English and at least the

three languages most commonly spoken at homes in the state other than English, according

to the state demographer.

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(b) A covered battery stewardship organizations must consider the request of a covered

battery collector to perform covered services if the covered battery collector meets the

performance standards in a covered battery stewardship plan under section 115A.1335,

subdivision 2, paragraph (a), clause (14), and the covered battery collector and the covered

battery stewardship organization agree after negotiation in good faith on the fees to be paid

to the covered battery collector for performing the covered services. A covered battery

stewardship plan must identify the covered battery collector as providing covered services

according to section 115A.1335, subdivision 2, paragraph (a), clause (5).

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(c) A covered battery stewardship organizations must allow the following persons to

serve as a covered battery collector:

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(1) a person that agrees to operate or continues to operate a covered battery collection

site in compliance with:

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(i) section 115A.1341, subdivision 1, paragraphs (a) and (d);

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(ii) section 115A.1341, subdivision 1, paragraph (b) or (c), as applicable;

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(iii) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (17) to

(20), (22), and (23); and

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(iv) any other applicable provisions of a covered battery stewardship plan in section

115A.1335; and

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(2) a household hazardous waste management program.

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(d) A covered battery stewardship organization may not require a person that sells, offers

for sale or promotional purposes, distributes, or facilitates a sale of a covered battery or

battery-containing product in or into the state to be a covered battery collector or operate a

covered battery collection site.

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(e) A covered battery stewardship organization may terminate a covered battery collector,

except a household hazardous waste management program, and cease payment to the covered

battery collector for good cause. Good cause under this paragraph does not include accepting

a battery subject to recall. A covered battery stewardship organization may suspend a covered

battery collector that is a household hazardous waste management program and cease

payment to the covered battery collector for good cause with the approval of the

commissioner, until the commissioner determines that the household hazardous waste

management program is compliant with sections 115A.1331 to 115A.1347.

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Subd. 2.

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Accessibility.

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(a) A covered battery stewardship program must provide

convenient, equitable, and accessible service to all persons in Minnesota, including but not

limited to people of color; Minnesota Tribal governments as defined in section 10.65,

subdivision 2; those that are non-English speaking; immigrant and refugee communities;

those with limited access to transportation; and those in environmental justice areas.

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(b) A covered battery stewardship program must include collection opportunities beyond

those required under section 115A.1335, subdivision 3, to better serve populations under

paragraph (a).

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(c) Where feasible, a covered battery stewardship program must encourage establishing

covered battery collection sites in proximity to local public transit.

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Subd. 3.

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Oversight.

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A covered battery stewardship organization must ensure that covered

batteries and residual materials managed under a covered battery stewardship program are

managed according to the performance standards in section 115A.1335, subdivision 2,

paragraph (a), clause (14), by all persons providing covered services.

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Subd. 4.

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Program effectiveness.

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(a) To support the effectiveness of a covered battery

stewardship program, a covered battery stewardship organization must provide outreach

and education to:

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(1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate

a sale of covered batteries in or into the state, to inform them of the requirements of section

115A.1347, subdivision 2;

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(2) potential covered battery collectors and persons that are collecting covered batteries

before the effective date of this section to inform them how to request coverage by a covered

battery stewardship program; and

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(3) members of the public to raise awareness of:

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(i) public health and safety and environmental risks caused by improperly charging,

storing, and disposing of covered batteries;

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(ii) the need to safely charge and store covered batteries;

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(iii) the benefits of recycling covered batteries in contrast to disposal; and

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(iv) the existence of a covered battery stewardship program and the ability to manage

covered batteries at no cost, including the location and convenience of covered battery

collection sites in the state.

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(b) A covered battery stewardship organization must maintain a publicly accessible

website to locate covered battery collection sites through map-based and text-based searches.

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(c) The commissioner may determine the effectiveness of a covered battery stewardship

program using information from waste composition studies under section 115A.412 and

other information available to the commissioner. The commissioner may require a covered

battery stewardship organization to submit for approval proposals that when implemented

would decrease the incidence of covered batteries in solid waste in accordance with section

115A.1335, subdivision 2, paragraph (a), clause (39). A covered battery stewardship

organization must implement a proposal that is approved by the commissioner.

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Subd. 5.

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Stakeholder consultation.

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(a) A covered battery stewardship organization

must regularly consult with stakeholders associated with covered batteries. If there is more

than one covered battery stewardship organization, each covered battery stewardship

organization must jointly fulfill the requirements of this subdivision. At least one consultation

meeting must occur before a covered battery stewardship plan is submitted to the

commissioner.

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(b) A consultation meeting is to:

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(1) assist with drafting and continuous review of a covered battery stewardship

organization's outreach and education activities, including but not limited to signage and

educational materials; and

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(2) make recommendations to a covered battery stewardship organization and the

commissioner to continuously improve the effectiveness of the outreach and education

activities and maximize participation in a covered battery stewardship program.

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(c) A meeting must include representatives of stakeholders of a covered battery

stewardship program, including but not limited to the commissioner, household hazardous

waste management programs, covered battery collectors that are not household waste

management programs, persons providing or that might provide covered services, producers,

and other persons providing statewide representation.

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Subd. 6.

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Reporting.

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By June 1 each year after a covered battery stewardship plan is

approved under section 115A.1335, subdivision 4, a covered battery stewardship organization

must report to the commissioner, in a form and manner prescribed by the commissioner,

on the covered battery stewardship organization's activities during the preceding calendar

year. A report must include:

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(1) the address, county of location, and geolocation data for each covered battery

collection site served by the covered battery stewardship program during the preceding

calendar year;

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(2) the chemistry by weight of covered batteries collected during each calendar year, in

accordance with section 115A.1335, subdivision 2, paragraph (a), clause (25);

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(3) a description by chemistry by weight of the end management through recycling or

disposal of the covered batteries shipped from covered battery collection sites under the

covered battery stewardship program, in accordance with section 115A.1335, subdivision

2, paragraph (a), clause (38);

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(4) the method or methods of verification used by the covered battery stewardship

organization to ensure that the description in clause (3) accurately reflects the actual end

management of the covered batteries;

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(5) the effectiveness of the covered battery stewardship organization's efforts to decrease

the incidence of covered batteries in solid waste in the state, in accordance with section

115A.1335, subdivision 2, paragraph (a), clause (39);

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(6) a summary of the results of the oversight according to section 115A.1335, subdivision

2, paragraph (a), clause (14);

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(7) a description of outreach and education activities provided by the covered battery

stewardship organization during the preceding calendar year according to subdivision 4;

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(8) a financial report on the covered battery stewardship program, including actual costs

and funding compared to the budget for the year submitted under section 115A.1335,

subdivision 2, paragraph (b). The financial report must include an audit report of the covered

battery stewardship program, including the covered battery stewardship organization and

any additional covered battery stewardship organizations, by an independent auditor. The

independent auditor may be selected by the covered battery stewardship organization and

may be rejected by the commissioner for good cause. If the commissioner rejects an

independent auditor, the covered battery stewardship organization must select a different

independent auditor, which may be rejected by the commissioner for good cause;

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(9) the proposed and actual budget for the period covered by the report; and

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(10) starting in the second year after the covered battery stewardship organization's first

covered battery stewardship plan is approved by the commissioner, and then every third

year thereafter, a performance audit of the covered battery stewardship program. The

performance audit must conform to audit standards established by the United States

Government Accountability Office; the National Association of State Auditors, Comptrollers

and Treasurers; or another nationally recognized organization approved by the commissioner.

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Subd. 7.

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Organization of a covered battery stewardship organization.

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(a) A covered

battery stewardship organization must comply with section 5.36.

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(b) A covered battery stewardship organization may contract with any persons to

implement or administer a portion or portions of a covered battery stewardship plan or to

coordinate with a group or groups of participants.

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(c) A contract established under paragraph (b) must be described under section

115A.1335, subdivision 2, paragraph (a), clause (6).

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(d) Notwithstanding any contract established under paragraph (b), a covered battery

stewardship organization must:

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(1) submit a covered battery stewardship plan to the commissioner meeting the

requirements of sections 115A.1331 to 115A.1347;

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(2) submit a report to the commissioner according to subdivision 6 meeting the

requirements of sections 115A.1331 to 115A.1347;

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(3) serve as the single point of contact for reporting, reimbursement, and payment to the

agency; and

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(4) maintain all responsibility and liability for compliance with all other requirements

of sections 115A.1331 to 115A.1347 applicable to a covered battery stewardship organization.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 6.

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[115A.1339] FEES.

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Subdivision 1.

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Administrative fees.

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(a) By October 1, 2027, the commissioner must

calculate the sum of all costs that the agency incurred to implement and administer sections

115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027.

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(b) By December 1, 2027, the commissioner must assess an administrative fee and

equally split the fee among all covered battery stewardship organizations at an amount that

is adequate to reimburse the agency's costs calculated under paragraph (a). A covered battery

stewardship organization must pay the assessed administrative fee by the due date set by

the commissioner.

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(c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum

of all costs that the agency incurred to implement and administer sections 115A.1331 to

115A.1347 during the six months of July through December of the preceding calendar year.

By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of

all costs that the agency incurred to implement and administer sections 115A.1331 to

115A.1347 during the six months of January through June of that calendar year.

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(d) Notwithstanding section 16A.1283, the commissioner must semiannually assess the

annual administrative fees and equally split the fees among all covered battery stewardship

organizations at an amount that is adequate to reimburse the agency's costs calculated under

paragraph (c). A covered battery stewardship organization must pay the assessed

administrative fees by the due dates set by the commissioner.

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(e) All agency costs calculated under this subdivision may be recovered in a civil action

brought by the attorney general against any person that may be liable under this subdivision

or any other law. Any costs that are recovered by the attorney general, including any award

of attorney fees, must be deposited in the covered battery stewardship account in the special

revenue fund.

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Subd. 2.

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Disposition of fees.

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The total amount of net fees collected under this section

must not exceed the amount necessary to reimburse agency costs as calculated under

subdivision 1. All fees received under subdivision 1 must be deposited in the state treasury

and credited to a covered battery stewardship account in the special revenue fund. The

amount collected under this section is annually appropriated to the commissioner to

implement and enforce sections 115A.1331 to 115A.1347.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 7.

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[115A.1341] COVERED BATTERY COLLECTOR DUTIES.

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Subdivision 1.

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Accepting covered batteries.

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(a) A covered battery collector must accept

covered batteries of any brand, type, or chemistry without imposing a fee, charge, surcharge,

or other cost to any person other than a covered battery stewardship organization.

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(b) At a covered medium battery collection site, a covered battery collector must accept

from any person daily at least:

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(1) ten covered small batteries; and

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(2) four covered medium batteries.

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(c) At a covered small battery collection site, a covered battery collector must accept

from any person daily at least ten covered small batteries.

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(d) A covered battery collection site must be open to receiving covered batteries at least

12 operating hours per week, 50 weeks each calendar year.

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(e) A household hazardous waste management program may accept covered batteries

at any covered battery collection site that the program operates.

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(f) A covered battery stewardship organization may count a covered battery collection

site when demonstrating compliance with the convenience standards under section

115A.1335, subdivision 3, only if the covered battery collection site complies with paragraph

(b) or (c).

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Subd. 2.

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Storing accepted covered batteries.

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A covered battery collector must manage

and store all accepted covered batteries safely and in compliance with all applicable federal,

state, and local laws, including but not limited to applicable rules adopted under section

116.07 for managing solid waste and hazardous waste.

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Subd. 3.

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Training.

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A covered battery collector must ensure and document that training

is provided for covered battery collection site employees on identifying and safely handling

and storing covered batteries, including damaged, defective, or recalled batteries, also known

as DDR batteries. A covered battery collector may provide the training or may receive

training through a covered battery stewardship organization.

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Subd. 4.

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Record keeping.

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(a) A covered battery collector must maintain records as

specified in this paragraph for at least three years and make the records available to the

commissioner for inspection. The records must include the chemistry by weight of covered

batteries and any additional information required by the commissioner. The records must

document for each calendar year the covered batteries:

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(1) accepted at a covered battery collection site; and

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(2) shipped from a covered battery collection site.

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(b) A covered battery collector must maintain documentation of each employee's training

related to covered batteries starting on the date of training and for at least three years

following the last day that the employee worked for the covered battery collector.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 8.

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[115A.1345] OTHER AUTHORITIES AND DUTIES.

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Subdivision 1.

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Limited private right of action against producers.

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(a) Except as

provided in paragraph (d), a covered battery stewardship organization may maintain a civil

action against one or more covered battery producers to recover a portion of the covered

battery stewardship organization's costs and additional amounts according to this subdivision.

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(b) Damages recoverable under this subdivision may not exceed a fair share of the actual

costs incurred by the plaintiff covered battery stewardship organization under sections

115A.1331 to 115A.1347; of managing covered batteries of other covered battery producers

that were not participants; or that should otherwise have been due to the covered battery

stewardship organization. Additional amounts recoverable under this subdivision include

an award of reasonable attorney fees and costs. If a defendant covered battery producer did

not participate in a covered battery stewardship program during the period when covered

batteries of the defendant were managed by the plaintiff covered battery stewardship

organization, a punitive sum of up to three times the damages awarded may be assessed.

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(c) A plaintiff covered battery stewardship organization may establish a defendant

covered battery producer's fair share of the plaintiff's actual costs by providing the court

with information establishing the process by which the defendant covered battery producer's

share of covered battery stewardship program costs would have been allocated had the

defendant covered battery producer been a participant in the program or paid its allocated

share if it was a participant. A plaintiff covered battery stewardship organization may use

data from covered battery producers similar in covered battery, financial status, or market

share to the defendant covered battery producer to provide the information.

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(d) An action may not be commenced under this subdivision against a potential defendant

until 60 days after the plaintiff provides to all potential defendants a written notice of the

claim setting forth the amount of the claim and the basis for the calculation of the amount.

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(e) No action may be brought under this subdivision against a person other than a covered

battery producer.

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(f) The commissioner may not be a party to or be required to provide assistance or

otherwise participate in a civil action authorized under this subdivision unless subject to a

subpoena before a court of jurisdiction.

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Subd. 2.

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Conduct authorized.

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A covered battery producer or covered battery stewardship

organization that organizes collection and covered services for covered batteries under

sections 115A.1331 to 115A.1347 is immune from liability for the conduct under state laws

relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade

or commerce only to the extent that the conduct is necessary to plan and implement the

covered battery producer's or covered battery stewardship organization's chosen system.

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Subd. 3.

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Duty to retain and provide information.

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(a) Upon request of the commissioner

for purposes of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125,

a person must furnish to the commissioner any information that the person has or may

reasonably obtain.

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(b) A covered battery stewardship organization must retain any information referenced

in a covered battery stewardship plan or report required under section 115A.1337 for at

least three years after the termination of the covered battery stewardship plan.

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Subd. 4.

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Contracts.

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(a) Any person awarded a contract under chapter 16C for purchase

or lease of covered batteries that is found to be in violation of sections 115A.1331 to

115A.1347 is subject to the following sanctions:

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(1) the contract must be voided if the commissioner of administration determines that

the potential adverse impact to the state is exceeded by the benefit obtained from voiding

the contract; and

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(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part

1230.1150.

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(b) If the attorney general establishes that any money, property, or benefit was obtained

by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in

addition to any other remedy, order the disgorgement of the unlawfully obtained money,

property, or benefit.

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Subd. 5.

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Multistate implementation.

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The commissioner may participate in establishing

a regional multistate organization or compact to assist in carrying out the requirements of

sections 115A.1331 to 115A.1347.

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Subd. 6.

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Rules.

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The commissioner may adopt rules to implement sections 115A.1331

to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking

under this subdivision.

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Subd. 7.

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Batteries subject to recall for safety reasons.

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All costs for receipt, sorting,

storage, transport, processing, recycling, and disposal of a battery subject to recall for safety

reasons that would otherwise be a covered battery are the responsibility of the person that

would otherwise be the covered battery producer of the battery. A covered battery stewardship

organization may charge that person for any costs incurred by the covered battery stewardship

organization managing such a battery. The covered battery stewardship organization may

take action under subdivision 1 to recover such costs. A covered battery stewardship

organization is responsible only for collection and management of such a battery if received

by a covered battery collector, and not any other actions associated with recall of the battery.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 9.

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[115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;

COVERED BATTERY SALES RESTRICTION.

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Subdivision 1.

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Disposal prohibition.

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(a) A person may not place a covered battery into:

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(1) solid waste; or

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(2) a recycling container that a covered battery collector, or another person that will

ensure proper management of collected covered batteries, has not clearly marked for use

for collecting covered batteries.

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(b) A person must manage a covered battery that is discarded by delivering the covered

battery to a covered battery collection site or to a recycling facility for covered batteries.

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(c) Until recycled, covered batteries are not exempt from any applicable rules adopted

under section 116.07 for managing hazardous waste.

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(d) An owner or operator of a waste facility or recycling facility may only be found in

violation of paragraph (a) or (b) for a covered battery placed by another person if:

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(1) the commissioner first determines that the owner or operator has not complied with

the applicable requirements of the solid waste permit issued by the commissioner or

established by rule, such as requirements for the management of materials that are prohibited

for placement in solid waste; and

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(2) the owner or operator does not immediately remove and properly manage the covered

battery when the owner or operator discovers it.

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Subd. 2.

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Labeling and sale; requirements.

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(a) A person may not sell, including online

sales; offer for sale or promotional purposes; distribute; or facilitate a sale of a covered

battery in or into the state unless the covered battery is labeled as required under clauses

(1) and (2). Labeling under this paragraph must be permanently marked on or affixed to the

covered battery and must use language, graphics, or a QR code. A QR code must be

compliant with International Organization of Standardization 18004:2015 and access

equivalent data via the Internet that is available without a fee or a requirement to create an

account. The labeling must identify:

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(1) the battery chemistry employed to store energy in the battery; and

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(2) the manufacturer of the battery or the brand under which the battery will be sold.

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(b) A person may not sell, including online sales; offer for sale or promotional purposes;

distribute; or facilitate a sale of a covered battery or a battery-containing product in or into

the state unless:

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(1) the covered battery producer is named as a participant in a covered battery stewardship

plan published on the agency's publicly accessible website under section 115A.1335,

subdivision 4, paragraph (e), or 5, paragraph (a);

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(2) the brand is named as covered in a covered battery stewardship plan published on

the agency's publicly accessible website under section 115A.1335, subdivision 4, paragraph

(e), or 5, paragraph (a); or

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(3) the covered battery stewardship organization with which the covered battery producer

is a participant has obtained approval of reimbursement rates according to section 115A.1335.

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(c) A person may not sell, including online sales; offer for sale or promotional purposes;

distribute; or facilitate a sale of a covered battery or a battery-containing product in or into

the state if the covered battery stewardship plan under which the covered battery was covered

has been terminated under section 115A.1335, subdivision 5, until a new covered battery

stewardship plan is approved under section 115A.1335, subdivision 4.

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(d) This subdivision does not apply to sales, including online sales; offers for sale or

promotional purposes; distribution; or facilitation of a sale of a used covered battery or used

battery-containing product.

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(e) A person is not in violation of paragraph (b) or (c) if, within six months before the

date the person sells, offers for sale or promotional purposes, distributes, or facilitates a sale

of a covered battery or battery-containing product in or into the state, a covered battery

stewardship plan published on the agency's publicly accessible website under section

115A.1335, subdivision 4, paragraph (e), or 5, paragraph (a), identified the covered battery

producer as a participant or the brand as covered in a covered battery stewardship program.

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EFFECTIVE DATE.

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This section is effective July 1, 2029.

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Sec. 10.

Minnesota Statutes 2024, section 115A.554, is amended to read:

115A.554 AUTHORITY OF SANITARY DISTRICTS.

A sanitary district has the authorities and duties of counties within the district's boundary

for purposes of sections
115A.0716
;
115A.46
, subdivisions 4 and 5;
115A.48
;
115A.551
;

115A.552
;
115A.553
;
115A.919
;
115A.929
;
115A.93
;
115A.96, subdivision 6
;
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115A.961
;
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116.072
;
375.18, subdivision 14
;
400.04
;
400.06
;
400.07
;
400.08
;
400.16
; and
400.161
.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 11.

Minnesota Statutes 2024, section 115A.9157, is amended to read:

115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.

Subdivision 1.

Definition.

deleted text begin

For the purpose of this section, "rechargeable battery" means

a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery,

except a rechargeable battery governed by section
115A.9155
or exempted by the

commissioner under subdivision 9.

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The terms used in this section have the meanings given

in sections 115A.03 and 115A.1331.

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Subd. 2.

Prohibition.

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Effective August 1, 1991, a person may not place in mixed

municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a

nonremovable rechargeable battery, or a product powered by rechargeable batteries or

rechargeable battery pack, from which all batteries or battery packs have not been removed.

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A person may not place a product powered by rechargeable batteries in solid waste unless

all batteries have been removed from the product.

new text end

Subd. 3.

Collection and management costs.

A manufacturer of
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rechargeable batteries

or
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products powered by rechargeable batteries
new text begin
that are not easily removable from the products
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is responsible for the costs of collecting and managing its
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waste rechargeable batteries and

waste
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products
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under subdivision 5
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to ensure that the
new text begin
products and
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batteries are not part of

the solid waste stream.

Subd. 5.

Collection and management programs.

(a)
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By September 20, 1995, the

manufacturers
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A manufacturer under subdivision 3
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or their representative organization shall

implement
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a
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permanent
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programs, based on the results of the pilot projects required in

Minnesota Statutes 1994, section
115A.9157
, subdivision 4,
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program
new text end
that may be reasonably

expected to collect 90 percent of the
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waste rechargeable batteries and the
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participating
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manufacturers'
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new text begin
manufacturer's
new text end
products powered by rechargeable batteries
new text begin
that are not easily

removable from the products and
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that are generated
new text begin
as waste
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in the state. The
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batteries and
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products collected must be recycled or otherwise managed or disposed of properly.

(b) In every odd-numbered year
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after 1995
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, each manufacturer or a representative

organization shall provide information to the
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commissioner and the
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senate and house of

representatives committees having jurisdiction over environment and natural resources and

environment and natural resources finance that specifies at least the estimated amount of
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battery-containing products powered by
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rechargeable batteries
new text begin
that are not easily removed

from the products
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subject to this section
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sold
deleted text end
new text begin
generated as waste
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in the state by
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each
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manufacturer
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and
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,
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the amount of
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batteries each
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new text begin
such products
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collected during the previous

two years
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, and the methodology used to calculate those amounts
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. A representative

organization may report the amounts in aggregate for all the members of the organization.

Subd. 6.

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List of participants
deleted text end
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Program notice
new text end
.

A manufacturer or its representative

organization shall inform
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the commissioner and
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the committees listed in subdivision 5 when

they begin
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participating in the projects and programs
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new text begin
implementing a program under

subdivision 5
new text end
and immediately if they
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withdraw participation
deleted text end
new text begin
stop implementing a program
new text end
.

Subd. 7.

Contracts.

A manufacturer or a representative organization of manufacturers

may contract with
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the state or a political subdivision
deleted text end
new text begin
any person
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to provide collection services

under this section. The manufacturer or organization shall fully reimburse the
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state or

political subdivision
deleted text end
new text begin
person
new text end
for the value of any contractual services rendered under this

subdivision.

Subd. 8.

Anticompetitive conduct.

A manufacturer or organization of manufacturers

and its officers, members, employees, and agents who participate in
deleted text begin
projects or programs

to collect and properly manage waste rechargeable batteries or products powered by

rechargeable batteries
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new text begin
a program under this section
new text end
are immune from liability under state

law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of

trade or commerce for activities related to the collection and management of
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batteries and
deleted text end

products required under this section.

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Subd. 9.

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Exemptions.

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To ensure that new types of batteries do not add additional

hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner

of the agency may exempt a new type of rechargeable battery from the requirements of this

section if it poses no unreasonable hazard when placed in and processed or disposed of as

part of a mixed municipal solid waste.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026.

new text end

Sec. 12.

Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:

Subd. 6.

Mercury thermometers prohibited.

(a) A manufacturer, wholesaler, or retailer

may not sell or distribute at no cost a thermometer containing mercury that was manufactured

after June 1, 2001.

(b) Paragraph (a) does not apply to an electronic thermometer with a battery containing

mercury if the battery is in compliance with
deleted text begin
section
325E.125
deleted text end
new text begin
subdivision 8l
new text end
.

(c) A manufacturer is in compliance with this subdivision if the manufacturer:

(1) has received an exclusion or exemption from a state that is a member of the Interstate

Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no

alternative is available or for an application when no feasible alternative is available;

(2) submits a copy of the approved exclusion or exemption to the commissioner; and

(3) meets all of the requirements in the approved exclusion or exemption for the

manufacturer's activities within the state.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026.

new text end

Sec. 13.

Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to

read:

new text begin

Subd. 8l.

new text end

new text begin

Ban; mercury in batteries.

new text end

new text begin

A person may not sell, offer for sale, or distribute

in or into the state:

new text end

new text begin

(1) an alkaline manganese battery that contains mercury that is not a button cell

nonrechargeable battery;

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new text begin

(2) a nonrechargeable button cell battery that contains more than 25 milligrams of

mercury; or

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new text begin

(3) a dry cell battery containing a mercuric oxide electrode.

new text end

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EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026.

new text end

Sec. 14.

Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read:

Subd. 5.

Prohibitions.

deleted text begin
A manufacturer of rechargeable batteries or products powered

by rechargeable batteries that does not participate in the pilot projects and programs required

in section
115A.9157
deleted text end
new text begin
A person
new text end
may not sell,
new text begin
including online sales, facilitate a sale of,
new text end

distribute, or offer for sale in
new text begin
or into
new text end
this state rechargeable batteries or products powered

by rechargeable batteries
deleted text begin
after January 1, 1992.
deleted text end

deleted text begin

After January 1, 1992, a person who first purchases rechargeable batteries or products

powered by rechargeable batteries for importation into the state for resale may not purchase

rechargeable batteries or products powered by rechargeable batteries made by any person

other than a
deleted text end
new text begin
that are not easily removable unless the
new text end
manufacturer
deleted text begin
that
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participates in the
deleted text begin

projects and programs
deleted text end
new text begin
program
new text end
required under section
115A.9157
.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026.

new text end

Sec. 15.

Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read:

Subd. 2.

Recovery of costs.

Section
325E.125
may be enforced under
deleted text begin
section
deleted text end
new text begin
sections
new text end

115.071
new text begin
and 116.072
new text end
. In an enforcement action under this section in which the state prevails,

the state may recover reasonable administrative expenses, court costs, and attorney fees

incurred to take the enforcement action, in an amount to be determined by the court.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective July 1, 2026.

new text end

Sec. 16.
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REPEALER.
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new text begin

Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3;

325E.125, subdivisions 1, 2, 2a, 3, and 4; and 325E.1251, subdivision 1,

new text end

new text begin

are repealed.

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APPENDIX

Repealed Minnesota Statutes: S4214-1

115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.

Subdivision 1.

Prohibition.

A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

Subd. 2.

Manufacturer responsibility.

(a) A manufacturer of batteries subject to subdivision 1 shall:

(1) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Minnesota; and

(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

(b) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

(1) identify collectors, transporters, and processors for the waste batteries and contract or otherwise expressly agree with a person or persons for the proper collection, transportation, and processing of the waste batteries; or

(2) accept waste batteries returned to its manufacturing facility.

(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a clear and conspicuous manner a telephone number that the final consumer of the battery can call to obtain information on specific procedures to follow in returning the battery for recycling or proper disposal. The manufacturer may include the telephone number and notice of return procedures on an invoice or other transaction document held by the purchaser. The manufacturer shall provide the telephone number to the commissioner of the agency.

(d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for improper disposal by a person other than the manufacturer of waste batteries.

115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.

Subdivision 1.

Definition.

For the purposes of this section, "household batteries" means disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.

Subd. 2.

Program.

(a) The commissioner, in consultation with other state agencies, political subdivisions, and representatives of the household battery industry, may develop household battery programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission on Minnesota Resources study on batteries.

(b) The commissioner shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the commissioner may investigate include:

(1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects;

(2) establishing collection and transportation systems;

(3) developing and disseminating educational materials regarding environmentally sound battery management; and

(4) developing markets for materials recovered from the batteries.

(c) The commissioner may also distribute funds to political subdivisions to develop battery management plans and implement those plans.

Subd. 3.

Participation.

A political subdivision, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. A political subdivision may provide financial incentives to any person, including public or private civic groups, to collect the batteries.

325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.

Subdivision 1.

Labeling.

(a) The manufacturer of a button cell battery that is to be sold in this state shall ensure that each battery contains no intentionally introduced mercury or is labeled to clearly identify for the final consumer of the battery the type of electrode used in the battery.

(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall also provide clear instructions for properly recharging the battery.

Subd. 2.

Mercury content.

(a) Except as provided in paragraph (c), a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than 0.025 percent mercury by weight.

(b) On application, the commissioner of the Pollution Control Agency may exempt a specific type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. A battery exempted by the commissioner under this paragraph is subject to the requirements of section
115A.9155, subdivision 2
.

(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than 25 milligrams of mercury.

(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery containing a mercuric oxide electrode.

(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury unless the commissioner of the Pollution Control Agency determines that compliance with this requirement is not technically and commercially feasible.

Subd. 2a.

Approval of new batteries.

A manufacturer may not sell, distribute, or offer for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or alkaline manganese battery, without first having received approval of the battery from the commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is intended to ensure that new types of batteries do not add additional hazardous or toxic materials to the state's mixed municipal waste stream.

Subd. 3.

Rechargeable tools and appliances.

(a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless:

(1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery.

(b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if:

(1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2;

(2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste.

(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.

Subd. 4.

Rechargeable batteries and products; notice.

(a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section
115A.9157
at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.

(b) The notice must be at least four inches by six inches and state:

"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:

Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment.

DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."

(c) Notice is not required for home solicitation sales, as defined in section
325G.06
, or for catalogue sales.

325E.1251 PENALTY ENFORCEMENT.

Subdivision 1.

Penalty.

Violation of section
325E.125
is a misdemeanor. A manufacturer who violates section
325E.125
is also subject to a minimum fine of $100 per violation.