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SF4439 • 2026

Plastic bottle excise tax proposal

Plastic bottle excise tax proposal

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Johnson Stewart
Last action
2026-03-12
Official status
Introduction and first reading
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-12 House

    Introduction and first reading

Official Summary Text

Plastic bottle excise tax proposal

Current Bill Text

Read the full stored bill text
A bill for an act

relating to taxation; proposing a plastic bottle excise tax; proposing coding for

new law in Minnesota Statutes, chapter 297H.

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

Section 1.

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[297H.50] PLASTIC BOTTLES EXCISE TAX.

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Subdivision 1.

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Definitions.

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(a) For the purposes of this section, the following terms have

the meanings given.

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(b) "Beverage" means a drinkable liquid intended for human oral consumption, excluding:

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(1) a drug regulated under the federal Food, Drug, and Cosmetic Act, United States

Code, title 21, section 301 et seq.; or

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(2) infant formula.

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(c) "Bottle distributor" means:

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(1) a person who sells a taxable plastic bottle to a retailer in Minnesota; or

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(2) a beverage producer who engaged in retail sales.

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(d) "Commissioner" means the commissioner of revenue.

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(e) "Taxable plastic bottle" means a formed or molded container composed primarily

of plastic resin that:

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(1) is sealed;

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(2) contains a beverage; and

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(3) holds less than three liters when full.

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Subd. 2.

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Tax imposed.

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An excise tax is imposed on bottle distributors. The tax is imposed

on the first distributor who sells a taxable bottle to a retailer in Minnesota, except, in the

case of a beverage producer who engaged in retail sales, the tax is imposed on the beverage

producer. The tax is payable quarterly and in the form and manner prescribed by the

commissioner.

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Subd. 3.

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Rate of tax.

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The excise tax is imposed at a rate of ten cents per taxable plastic

bottle sold.

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Subd. 4.

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Use of proceeds.

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The commissioner must deposit proceeds from the tax in the

water infrastructure account established in section 297H.51.

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Subd. 5.

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Expiration.

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This section expires after December 31, 2030.

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EFFECTIVE DATE.

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This section is effective for sales on or after January 1, 2026.

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Sec. 2.

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[297H.51] BOTTLE TAX REVENUE DISTRIBUTIONS FOR WATER

INFRASTRUCTURE.

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Subdivision 1.

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Definitions.

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(a) For the purposes of this section, the following terms have

the meanings given.

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(b) "Adjusted net tax capacity" means the local government's adjusted net tax capacity

under section 273.1325.

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(c) "Local government" means a county, statutory or home rule charter city, or township,

located in Minnesota.

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(d) "Population" means the population estimated by the federal census, a special census

conducted under contract with the United States Bureau of the Census, or a population

estimate of the state demographer made pursuant to section 4A.02, whichever is most recent.

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(e) "Tax base per capita" means a local government's adjusted net tax capacity divided

by the local government's population.

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Subd. 2.

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Account established.

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The water infrastructure account is established in the

special revenue fund. Money in the account must be distributed in accordance with this

section.

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Subd. 3.

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Project prioritization.

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Money from the water infrastructure account established

under this section must be used to provide funding for eligible projects described in this

subdivision. Funding must include paying for all or a portion of costs required to predesign,

design, engineer, construct, equip, or furnish an eligible project. In determining which

eligible projects receive funding, eligible projects in the jurisdictions of local governments

with low tax base per capita must be prioritized. Eligible projects include capital projects

related to:

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(1) sanitary sewer infrastructure;

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(2) water treatment facilities;

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(3) wastewater facilities;

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(4) the removal of perfluoroalkyl and polyfluoroalkyl substances, nitrates, or other

contaminants from drinking water;

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(5) the construction of water towers;

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(6) drinking water system infrastructure;

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(7) improvements to and replacements of a water distribution system; and

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(8) storm sewer system infrastructure.

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Subd. 4.

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Unspent money.

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Any money collected in the prior calendar year and deposited

in the water infrastructure account that is not otherwise appropriated or transferred before

July 1 of each year is appropriated to the Pollution Control Agency. The agency must use

this money for grants to local governments for projects described in subdivision 3.

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Subd. 5.

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Expiration.

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This section expires after money in the water infrastructure account

collected prior to January 1, 2031, has been distributed.

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EFFECTIVE DATE.

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This section is effective beginning January 1, 2026.

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