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A bill for an act
relating to state government; creating stewardship programs for batteries and
electronic products; modifying acquisition provisions; adding to and deleting from
certain state parks; authorizing sales and conveyances of certain surplus state lands;
providing for recovery of expenses of responding to pollutant release; modifying
reimbursable costs under Petroleum Tank Release Cleanup Act; modifying and
updating provisions for oil and hazardous substance discharge preparedness;
authorizing rulemaking; modifying prior appropriations; appropriating money for
environment and natural resources; amending Minnesota Statutes 2024, sections
84.0272, subdivisions 1, 2; 84.96, by adding a subdivision; 115.01, by adding
subdivisions; 115.071, subdivision 1; 115.072; 115A.03, by adding subdivisions;
115A.121; 115A.554; 115A.9157; 115C.02, subdivision 14, by adding a
subdivision; 115C.09, subdivision 1; 115E.04, subdivisions 2, 3, 4; 115E.042,
subdivisions 1a, 4, 5; 115E.08, subdivision 3a; 116.92, subdivision 6, by adding
a subdivision; 325E.1151, subdivisions 1, 2, 3, by adding a subdivision; 325E.12;
325E.125, subdivisions 3, 5; 325E.1251, subdivision 2; Laws 2024, chapter 116,
article 1, section 5; Laws 2024, chapter 125, article 8, section 6; proposing coding
for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes
2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a,
12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314; 115A.1316;
115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326;
115A.1328; 115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8;
115A.9565; 115A.961, subdivisions 1, 2, 3; 325E.115; 325E.1151, subdivision 4;
325E.125, subdivisions 1, 2, 2a, 4, 5; 325E.1251, subdivision 1; Laws 2024, chapter
127, article 53, section 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1.
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APPROPRIATIONS.
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The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
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APPROPRIATIONS
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Available for the Year
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Ending June 30
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2026
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2027
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Sec. 2.
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POLLUTION CONTROL AGENCY
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$
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-0-
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$
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50,000
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$50,000 the second year is from the
environmental fund for air compliance
equipment maintenance.
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Sec. 3.
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DEPARTMENT OF NATURAL
RESOURCES
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$
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1,500,000
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$
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-0-
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$1,500,000 the first year is for public safety
costs. This is a onetime appropriation.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 4.
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ZOOLOGICAL BOARD
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$
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3,800,000
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$
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-0-
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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.
Laws 2024, chapter 116, article 1, section 5, is amended to read:
Sec. 5.
METROPOLITAN COUNCIL
$
-0-
$
5,525,000
Appropriations by Fund
2024
2025
General
-0-
3,625,000
Natural Resources
-0-
1,900,000
$3,188,000 the second year is for community
tree-planting grants under Minnesota Statutes,
section
473.355
. Of this amount, $688,000 is
for a grant to the city of South St. Paul. This
is a onetime appropriation and is available
until June 30,
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2026
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2028
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.
$437,000 the second year is for a grant to the
city of St. Paul Park to replace a pedestrian
bridge in Lions Levee Park. This is a onetime
appropriation and is available until June 30,
2027.
$1,400,000 the second year is from the natural
resources fund for grants to implementing
agencies to plant trees within the
metropolitan-area regional parks and trails
system. This appropriation is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section
297A.94
,
paragraph (h), clause (3). This is a onetime
appropriation and is available until June 30,
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2026
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2028
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.
$500,000 the second year is from the natural
resources fund for new fishing piers to
increase fishing opportunities on lakes in the
metropolitan parks system. The council shall
solicit applications from member park systems
for proposals under this section. This is a
onetime appropriation and is from revenue
deposited in the natural resources fund under
Minnesota Statutes, section
297A.94
,
paragraph (h), clause (3). This appropriation
is available until June 30, 2026.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 6.
Laws 2024, chapter 125, article 8, section 6, is amended to read:
Sec. 6.
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DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
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METROPOLITAN COUNCIL
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$
-0-
$
5,000,000
Cedar Riverside Recreation Center.
$5,000,000 in fiscal year 2025 is for a
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payment
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grant
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to the Minneapolis Park and Recreation
Board for the design, development, and
construction of the new Cedar Riverside
Recreation Center to serve the largest
immigrant population center in the state. This
is a onetime appropriation available until June
30, 2028.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 7.
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REPEALER.
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Laws 2024, chapter 127, article 53, section 6,
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is repealed.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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ARTICLE 2
POLLUTION CONTROL
Section 1.
Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision
to read:
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Subd. 2a.
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Commissioner.
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"Commissioner" means the commissioner of the Pollution
Control Agency.
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Sec. 2.
Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
read:
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Subd. 15a.
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Release.
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"Release" has the meaning given in section 115B.02, subdivision
15.
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Sec. 3.
Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to
read:
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Subd. 15b.
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Respond or response.
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"Respond" or "response" means to remedy or a
remedial action as defined under section 115B.02, subdivision 16, or to remove or a removal
as defined under section 115B.02, subdivision 17.
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Sec. 4.
Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read:
Subdivision 1.
Remedies available.
The provisions of sections
103F.701
to
103F.755
,
this chapter and chapters 114C, 115A, and 116, and sections
325E.10
to
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325E.1251
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325E.12
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and
325E.32
and all rules, standards, orders, stipulation agreements, schedules of compliance,
and permits adopted or issued by the agency thereunder or under any other law now in force
or hereafter enacted for the prevention, control, or abatement of pollution may be enforced
by any one or any combination of the following: criminal prosecution; action to recover
civil penalties; injunction; action to compel or cease performance; or other appropriate
action, in accordance with the provisions of said chapters and this section.
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EFFECTIVE DATE.
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This section is effective January 1, 2030.
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Sec. 5.
Minnesota Statutes 2024, section 115.072, is amended to read:
115.072 RECOVERING LITIGATION COSTS AND EXPENSES
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INCURRED IN
RESPONDING TO A RELEASE OR THREATENED RELEASE OF POLLUTANTS
AND CONTAMINANTS
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.
(a) In any action brought by the attorney general, in the name of the state, pursuant to
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the provisions of
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this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive
relief, or in an action to compel compliance, if the state shall finally prevail, and if the
proven violation was willful, the state, in addition to other penalties provided in this chapter,
may be allowed an amount determined by the court to be the reasonable value of all or a
part of the litigation expenses incurred by the state. In determining the amount of such
litigation expenses to be allowed, the court shall give consideration to the economic
circumstances of the defendant.
(b) Amounts recovered under
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the provisions of this section
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paragraph (a)
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and section
115.071
, subdivisions 3 to 5,
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shall
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must
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be paid into the environmental fund in the state
treasury to the extent provided in section
115.073
.
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(c) Any reasonable and necessary expenses, including all response costs, corrective
action costs, staff time, and administrative and legal expenses, incurred by the commissioner
to respond to releases or threatened releases from pollutants or contaminants that are
otherwise excluded from recovery under chapter 115B may be recovered in a civil action
brought by the attorney general against any person. The commissioner's certification of
expenses is prima facie evidence that the expenses are reasonable and necessary. Any
expenses that are recovered by the attorney general under this paragraph must be deposited
in the fund from which they were paid.
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(d) Any reasonable and necessary expenses, including all response costs, corrective
action costs, staff time, and administrative and legal expenses, incurred by a local unit of
government to respond to releases or threatened releases from pollutants or contaminants
that are otherwise excluded from recovery under chapter 115B may be recovered in a civil
action brought by the local unit of government against any person.
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Sec. 6.
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. 7.
Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to
read:
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Subd. 10d.
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Distribute.
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"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 this state, regardless of whether title to the product is ever acquired by a person
distributing the product.
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Sec. 8.
Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to
read:
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Subd. 10g.
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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. 9.
Minnesota Statutes 2024, section 115A.121, is amended to read:
115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION;
CONSOLIDATED REPORT.
The commissioner shall prepare and adopt a report on pollution prevention activities
required in chapters 115A, 115D, and 325E.
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The report must include activities required
under section
115A.1320
.
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The commissioner must submit the report to the senate and house
of representatives committees having jurisdiction over environment and natural resources
by December 31, 2013, and every four years thereafter.
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EFFECTIVE DATE.
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This section is effective January 1, 2030.
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Sec. 10.
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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 in which a battery is contained or to
which a battery is attached.
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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. If there is no such mark, trademark, logo, name, symbol, word, or identifier, the
brand is the name of a covered battery producer.
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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 from
a battery-containing product. Covered battery may be of any brand, type, physical size,
energy capacity, or chemistry. Covered battery does not include:
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(1) a large lead acid battery;
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(2) a battery designed, manufactured, and intended solely for use in a motor vehicle as
defined under section 168.002;
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(3) a battery designed, manufactured, and intended solely for use in manufacturing,
industrial, or other commercial settings;
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(4) a battery designed, manufactured, and intended solely for use in a medical device,
as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section
301 et seq., except for such a device marketed for use in a household, as defined in section
115A.96; or
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(5) 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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(f) "Covered battery clearinghouse" means the organization that is responsible for
implementing the covered battery stewardship program if covered battery producers are
represented by more than one covered battery stewardship organization. If all covered battery
producers are represented by a single covered battery stewardship organization, then covered
battery clearinghouse means the covered battery stewardship organization.
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(g) "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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(h) "Covered battery collector" means a person that collects covered batteries on behalf
of the covered battery clearinghouse and receives reimbursement through the covered battery
clearinghouse for the covered battery collector's costs for collection of the covered batteries.
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(i) "Covered battery producer" means, with respect to a covered battery that is sold,
including online sales; offered for sale or promotional purposes; or distributed in or into
the state, a person that:
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(1) manufactured the covered battery;
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(2) imported the covered battery into the United States; or
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(3) owns or controls or is licensed to use a brand under which the covered battery is
sold, including online sales; offered for sale or promotional purposes; or distributed in or
into the state.
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(j) "Covered Battery Reimbursement Board" or "board" means the Covered Battery
Reimbursement Board established in section 115A.1333, subdivision 1.
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(k) "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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(l) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared
according to section 115A.1335 and submitted to the commissioner by the covered battery
clearinghouse.
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(m) "Covered battery stewardship program" means the system implemented by the
covered battery clearinghouse to manage all covered batteries offered to a covered battery
collector or subject to section 115A.1343, subdivision 1, paragraph (a), by arranging and
paying for the collection, covered services, and all other activities described in a covered
battery stewardship plan approved by the commissioner under section 115A.1335, subdivision
4.
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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) "De minimis covered battery producer" means a covered battery producer that, in
the most recent calendar year, had fewer than 100 covered batteries that were sold, including
online sales, in or into the state and for which the covered battery producer was responsible.
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(p) "Easily removable" or "easily removed" means that a battery can be removed by a
single person from a product using only the person's hands, a slotted screwdriver, or a #2
Phillips screwdriver.
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(q) "Full covered battery collection site" means a covered battery collection site that
meets the requirements of section 115A.1341, subdivision 1, paragraph (b).
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(r) "Household hazardous waste management program" means a program established
under section 115A.96, subdivision 2, to collect and manage household hazardous waste
as defined in section 115A.96.
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(s) "Independent auditor" means a certified public accountant that:
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(1) holds an active license under chapter 326A and rules adopted thereunder;
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(2) is retained by the covered battery clearinghouse;
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(3) is not otherwise employed by or affiliated with the commissioner or the covered
battery clearinghouse; and
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(4) is qualified to conduct an audit under section 115A.1337, subdivision 7, paragraph
(b), clause (7).
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(t) "Large lead acid battery" means a battery that has electrodes composed of metallic
lead or lead compounds; uses an acid electrolyte in any form, including liquid, gel, or
absorbed; and weighs 11 pounds or more. Large lead acid battery includes a dry-charged
battery that is shipped for sale without electrolyte in the battery. Large lead acid batteries
are subject to section 325E.1151.
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(u) "Loose battery" means a battery that is not contained in or attached to a product.
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. Loose battery may be of any brand, type,
physical size, energy capacity, or chemistry.
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(v) "Participant" means a covered battery producer that is named by the covered battery
clearinghouse as meeting the covered battery producer's obligations under sections 115A.1331
to 115A.1347.
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(w) "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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(x) "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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(y) "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, by 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. 11.
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[115A.1333] COVERED BATTERY REIMBURSEMENT BOARD.
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Subdivision 1.
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Establishment.
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The Covered Battery Reimbursement Board is established
to recommend reimbursement rates for covered battery collection to the commissioner.
Except as provided in this section, chapter 15 does not apply to the board.
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Subd. 2.
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Membership.
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(a) By January 1, 2027, the commissioner must appoint the initial
membership of the Covered Battery Reimbursement Board. Membership must consist of:
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(1) two members representing household hazardous waste management programs;
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(2) two members representing covered battery collectors that are not household waste
management programs; and
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(3) four members representing covered battery producers.
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(b) In making appointments under paragraph (a), the commissioner may not appoint
persons who are:
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(1) current or elected Minnesota state representatives or senators;
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(2) required to register as lobbyists under section 10A.03; or
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(3) employees of the agency.
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(c) Initial appointments under paragraph (a), clause (2), must represent potential battery
collectors. After January 1, 2030, whenever the terms of these members expire according
to subdivision 3, the new appointments must represent covered battery collectors.
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Subd. 3.
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Terms; removal.
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Members serve for a term of four years, except that one
member appointed under subdivision 2, paragraph (a), clause (1); one member appointed
under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision
2, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that
membership terms are staggered. Members may be reappointed to another term following
the end of a term. The removal of members is governed by section 15.059, subdivision 4.
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Subd. 4.
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Quorum; voting.
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Meetings of the board must have at least a quorum of six
members. Recommendations of the board require the affirmative vote of at least five
members.
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Subd. 5.
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Administrative support; facilitator.
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(a) The commissioner must provide
administrative support to the board, including meeting space and public access for meetings
conducted by telephone or interactive technology. The commissioner must ensure that all
activities of the board that require public notice, such as notice of meetings, agendas and
materials related to agenda items, and minutes, are published on the agency's publicly
accessible website.
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(b) The board must ensure that all activities of the board that require public notice are
timely provided to the commissioner for publication.
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(c) The commissioner must contract for an independent facilitator for the board. The
facilitator is not a member for purposes of quorum or voting.
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Subd. 6.
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Meetings.
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(a) The board must meet at least annually and additionally as
necessary to meet the requirements of subdivisions 7 to 9. Meetings may be scheduled at
the request of four members of the board.
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(b) The board is subject to chapter 13D.
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Subd. 7.
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Recommendations for reimbursement rates.
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(a) By January 1, 2028, and
beginning July 1, 2029, at least annually each July 1, the board must submit to the
commissioner a recommendation for reimbursement rates for covered battery collection for
the following calendar year.
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(b) If the board does not submit a recommendation for reimbursement rates by the due
dates in paragraph (a), then within 30 days after a due date, the facilitator must review the
proposals of each member of the board and prepare and submit a recommendation for
reimbursement rates to the commissioner. Notwithstanding the proposals of any members
of the board, the recommendation of the facilitator under this paragraph is considered the
recommendation of the board.
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(c) Recommended rates may be differentiated by methods recommended by the board,
such as local property lease or purchase costs, prevailing local wages, or other factors to
ensure:
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(1) convenient collection statewide according to section 115A.1335, subdivision 3; and
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(2) that all costs of collection are covered according to paragraph (d).
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(d) Recommended rates must cover all costs of covered battery collection incurred by
covered battery collectors, including but not limited to:
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(1) labor, overhead, and supplies;
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(2) necessary collection and storage structures and containers;
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(3) employee training;
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(4) necessary safety equipment, including appropriate fire protection and suppression
equipment and supplies; and
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(5) any other costs determined necessary by the commissioner.
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(e) In making determinations under paragraph (d), clause (5), the commissioner may
consider data submitted according to section 115A.1337, subdivision 7; the quantity of
covered batteries collected; the estimated quantity of covered batteries sold in or into the
state; the estimated quantity of covered batteries discarded into solid waste in the state; and
any other information related to the implementation of sections 115A.1331 to 115A.1347.
new text end
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(f) The board must also consider any additional financial incentives necessary to induce
covered battery collectors to join the covered battery stewardship program, if necessary for
the covered battery clearinghouse to meet or exceed the required convenience standards
under section 115A.1335, subdivision 3.
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Subd. 8.
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Review and approval of reimbursement rates.
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(a) Within 90 days after
receiving a recommendation on reimbursement rates submitted under subdivision 7, the
commissioner must review the recommendation and approve or reject the recommendation.
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(b) In conducting a review of a recommendation, the commissioner may consult with
interested parties.
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(c) For at least 30 days before approving a recommendation under this subdivision, the
commissioner must post the recommendation on the agency's publicly accessible website
for public review and comment.
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(d) If the commissioner determines that a recommendation does not meet the requirements
of sections 115A.1331 to 115A.1347, the commissioner must reject the recommendation.
The commissioner must provide a written notice of determination describing the reasons
for the rejection to the board. The board must meet as necessary to submit a revised
recommendation to the commissioner.
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(e) After consultation under paragraph (b) and review of public comments under
paragraph (c), if the commissioner determines that a recommendation meets the requirements
of this section, the commissioner may approve the recommendation. The commissioner
must provide a written notice of approval to the board and to the covered battery
clearinghouse. In the notice, the commissioner must specify the effective date of the approved
reimbursement rates.
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(f) The commissioner must publish approved reimbursement rates on the agency's
publicly accessible website within 30 days after approving the rates. The commissioner
must continue to publish the approved rates until a successive reimbursement rate is approved
and published.
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Subd. 9.
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More-frequent rate changes.
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The board may, for good cause, submit a
recommendation for reimbursement rates to the commissioner more frequently than once
per year. The commissioner must review the recommendation according to subdivision 8.
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Subd. 10.
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Continuation of rates.
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Approved reimbursement rates remain in effect until
the commissioner approves a new rate recommendation of the board.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 12.
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[115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.
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Subdivision 1.
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Due dates; assumption of responsibility by one producer for other
producers.
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(a) By July 1, 2027:
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(1) each covered battery producer must contract with a covered battery stewardship
organization to act on the covered battery producer's behalf;
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(2) if covered battery producers contract with more than one covered battery stewardship
organization, then all the covered battery stewardship organizations must establish or identify
a covered battery clearinghouse to administer the covered battery stewardship program; and
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(3) the covered battery clearinghouse must notify the commissioner that it has been
established and provide to the commissioner identification of and contact information for
the covered battery clearinghouse and all covered battery stewardship organizations that
have contracted with the covered battery clearinghouse.
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(b) If more than one person is a producer for a specific covered battery, one producer
may assume all responsibility for obligations to a covered battery stewardship organization
on behalf of another producer or all other producers for that covered battery. If the one
producer assuming responsibility meets all obligations on behalf of one or more other
producers of a covered battery, then each of those producers is a participant.
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(c) By January 1, 2029, the covered battery clearinghouse must submit to the
commissioner a single covered battery stewardship plan that meets the 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) The covered battery stewardship plan
must include:
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(1) identification of and contact information for the covered battery clearinghouse and
all covered battery stewardship organizations that have contracted with the covered battery
clearinghouse;
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(2) copies of contracts clearly granting the covered battery clearinghouse the authority
to act on behalf of the covered battery stewardship organizations and the participants they
represent to implement the covered battery stewardship plan, including responsibility of
the covered battery stewardship organizations and the participants they represent to comply
with an approved covered battery stewardship plan and to fund the covered battery
clearinghouse 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;
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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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new text begin
(6) identification and contact information for all subordinate persons that the covered
battery clearinghouse has contracted with to administer and implement the covered battery
stewardship program in accordance with section 115A.1337, subdivision 8. The relationship
of the other persons to the covered battery clearinghouse 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 clearinghouse 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 covered
services under this section to any household hazardous waste management program in a
manner that is equal to the covered services provided to all other covered battery collectors,
if the operator of the household hazardous waste management program requests covered
services;
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(11) a description of how the covered battery stewardship program will provide
convenient, statewide collection according to subdivision 3;
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(12) a description of how the covered battery clearinghouse will annually monitor and
ensure continuing compliance with the convenience standards under subdivision 3;
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(13) a description of how the covered battery clearinghouse will ensure each covered
battery collector is provided with the materials specified in section 115A.1337, subdivision
1;
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(14) a description of how covered battery collection sites will be accessible according
to section 115A.1337, subdivision 3;
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(15) the performance standards for persons providing covered services for the covered
battery clearinghouse and the oversight methods by which the covered battery clearinghouse
will ensure continuing compliance with the performance standards. The covered battery
clearinghouse may determine performance standards, which at a minimum must:
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(i) accord with clauses (19) to (22), (24), (25), and (35);
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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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new text begin
(16) a description of the oversight methods by which the covered battery clearinghouse
will ensure continuing compliance with the performance standards under clause (15);
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(17) a description of how the covered battery clearinghouse will ensure that there are at
least ten persons providing covered services;
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(18) a description of how the covered battery clearinghouse will arrange for and ensure
that covered services are provided by small businesses, as determined according to the Code
of Federal Regulations, title 13, part 121, for at least 25 percent of the covered batteries
collected annually, by weight;
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(19) a description of methods by which the covered battery clearinghouse 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 federal, state, and local requirements for managing solid waste
and hazardous waste, as applicable;
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(20) a description of the actions the covered battery clearinghouse 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 methods by which the covered battery clearinghouse 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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(22) a description of the actions the covered battery clearinghouse will take upon receiving
information of potential or actual noncompliance under clause (21) by any person handling
covered batteries under the covered battery stewardship program;
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new text begin
(23) a description of how the covered battery clearinghouse 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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(24) a description of methods by which the covered battery clearinghouse 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 federal, state, and local requirements for transporting hazardous
materials;
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new text begin
(25) a description of the actions the covered battery clearinghouse will take upon receiving
information of potential or actual noncompliance under clause (24) by any person handling
covered batteries under the covered battery stewardship program;
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new text begin
(26) a statement of indemnification by the covered battery clearinghouse 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 clearinghouse and identified in the covered battery stewardship plan under clause
(5);
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new text begin
(27) a description of how the covered battery clearinghouse 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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new text begin
(28) a description of the outreach and education methods and activities that the covered
battery clearinghouse will ensure are provided according to section 115A.1337, subdivision
5;
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(29) a description of how the covered battery clearinghouse will ensure that there is at
least one full-time representative of the covered battery clearinghouse who is solely dedicated
to implementing the covered battery stewardship program in this state and serves as the
primary contact between the covered battery clearinghouse and the agency;
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(30) a description of the system by which the covered battery clearinghouse will provide
advance payment or reimbursement to covered battery collectors in a manner that:
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(i) provides:
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(A) periodic automatic payment of reimbursements at least annually; or
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(B) 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; and
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new text begin
(ii) provides an independent mediator to resolve reimbursement disputes that arise
between the covered battery clearinghouse and a covered battery collector;
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new text begin
(31) a description of the system by which the covered battery clearinghouse will pay
persons providing covered services in a manner that provides:
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(i) a clear process for submitting invoices;
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new text begin
(ii) reasonable timelines for payment at intervals no longer than monthly unless otherwise
agreed to by the person providing covered services; and
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new text begin
(iii) an independent mediator to resolve payment disputes that arise between the covered
battery clearinghouse and a person providing covered services;
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new text begin
(32) 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 clearinghouse, or through covered battery stewardship organizations that
have contracted with the covered battery clearinghouse, such that the costs of managing
covered batteries are allocated equitably. The description must include 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 to
other participants;
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(33) a description of how the covered battery clearinghouse will comply with subdivision
6, paragraph (c);
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new text begin
(34) a description of how the covered battery clearinghouse will assist covered battery
producers in complying with the labeling requirements under section 115A.1347, subdivision
2, paragraph (a);
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new text begin
(35) a description of how the covered battery clearinghouse 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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new text begin
(36) a description of how the covered battery clearinghouse will incentivize investment
in processes, product design and material use, technology, and personnel training that could
raise the future maximum extent practicable for management described in clause (35),
including consideration of covered battery reuse, repair, and product life cycle;
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(37) a description of how the covered battery clearinghouse 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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new text begin
(38) a description of how the covered battery clearinghouse will take action to decrease
the incidence of covered batteries in solid waste in the state according to section 115A.1337,
subdivision 5, paragraph (c), including providing collection opportunities under section
115A.1337, subdivision 3, paragraph (b).
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(b) By January 1, 2029, and annually thereafter, the covered battery clearinghouse must
submit an anticipated annual budget for the covered battery stewardship program for the
following 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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new text begin
Subd. 3.
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Convenience standards.
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(a) The 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) The covered battery stewardship plan must meet the following convenience standards:
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(1) for each county with a population of 10,000 or less, maintain at least two full covered
battery collection sites;
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new text begin
(2) for each county with a population greater than 10,000 but less than or equal to
100,000, maintain at least two full covered battery collection sites and at least one additional
full covered battery collection site for each additional 10,000 in population above a population
of 10,000;
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new text begin
(3) for each county with a population greater than 100,000, maintain at least 11 full
covered battery collection sites and at least one additional full covered battery collection
site for each additional 50,000 in population above a population of 100,000;
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new text begin
(4) maintain a full covered 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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new text begin
(5) ensure no net loss in estimated collection convenience and capacity for covered
batteries; and
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new text begin
(6) any additional convenience standards that the commissioner determines are necessary
to provide convenient, statewide collection for covered batteries, including operation of
additional covered battery collection sites.
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(c) In making a determination under paragraph (b), clause (6), the commissioner may
consider data submitted according to section 115A.1337, subdivision 7; the quantity of
covered batteries collected; the estimated quantity of covered batteries sold in or into the
state; the estimated quantity of covered batteries disposed of in the state; and other
information related to the effectiveness of the covered battery stewardship program.
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Subd. 4.
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Review of covered battery stewardship plan; implementation.
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new text begin
(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 clearinghouse 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 clearinghouse 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 clearinghouse 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 7, 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 covered battery stewardship plan.
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(a) The covered
battery clearinghouse 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, the
covered battery clearinghouse must report the amendment to the commissioner and the
commissioner must publish the amended stewardship plan on the agency's publicly accessible
website. The covered battery clearinghouse must implement amendments made to a
stewardship plan under this paragraph within 60 days after adopting the amendment. The
covered battery clearinghouse may:
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(1) add, terminate, 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 the covered battery stewardship
plan; or
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(3) change contact staff or contact staff information for the covered battery clearinghouse,
covered battery stewardship organizations, participants, covered battery collectors, or persons
providing covered services.
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(b) Except for an amendment under paragraph (a), the revised covered battery stewardship
plan containing any amendment must be submitted to and reviewed and approved by the
commissioner before it may be implemented by the covered battery clearinghouse. 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) The covered battery clearinghouse 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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new text begin
(d) The covered battery clearinghouse may terminate a covered battery stewardship plan
only:
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new text begin
(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
clearinghouse or a new covered battery clearinghouse 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 clearinghouse 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 the covered battery clearinghouse 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 the covered battery clearinghouse's activities endanger human health
or the environment and the danger cannot reasonably be removed by an amendment to the
covered battery stewardship plan.
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new text begin
Subd. 6.
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new text begin
Compliance.
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(a) The covered battery clearinghouse must comply with the
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). The
covered battery clearinghouse must ensure that all covered battery stewardship organizations,
participants, and persons providing covered services also comply with the stewardship plan
and are responsible to the covered battery clearinghouse and to the commissioner for
compliance.
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(b) All other covered battery stewardship organizations must comply with the 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 the organization represents
and all persons providing covered services for which the organization is responsible 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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new text begin
(c) The covered battery clearinghouse must ensure that covered battery collectors are
reimbursed according to the reimbursement rates approved by the commissioner according
to section 115A.1333 and the method described in the covered battery stewardship plan.
new text end
new text begin
(d) The covered battery clearinghouse must ensure that all costs of the covered battery
stewardship program are fully paid for by participants, except for de minimis covered battery
producers. All costs of the covered battery stewardship program must be fairly allocated
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;
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(6) de minimis covered battery producers; or
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(7) any other person that is not a covered battery producer.
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EFFECTIVE DATE.
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new text begin
This section is effective July 1, 2026.
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Sec. 13.
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[115A.1337] COVERED BATTERY CLEARINGHOUSE AND COVERED
BATTERY STEWARDSHIP ORGANIZATIONS; DUTIES AND STRUCTURE.
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new text begin
Subdivision 1.
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new text begin
Duties to covered battery collectors.
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new text begin
(a) The covered battery
clearinghouse must ensure that the following are provided to each covered battery collector:
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new text begin
(1) reimbursement at the rates approved by the commissioner according to section
115A.1333 and the method described in the 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 the 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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new text begin
(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;
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(6) educational materials that address the information described in subdivision 5,
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; and
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(7) direction to an alternate covered battery collector whenever a covered battery collector
determines and reports to the covered battery clearinghouse, according to section 115A.1341,
subdivision 1, paragraph (d), that the collector cannot safely collect a covered battery. The
covered battery clearinghouse must ensure that the covered battery is collected by another
covered battery collector.
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(b) The covered battery clearinghouse and 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 the covered battery stewardship
plan under section 115A.1335, subdivision 2, paragraph (a), clause (15), and the covered
battery collector and the covered battery clearinghouse or 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. The 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) The covered battery clearinghouse and 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 full covered battery collection
site in compliance with:
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(i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (19) to
(22), (24), and (25), and any other applicable provisions of the covered battery stewardship
plan in section 115A.1335; and
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(ii) section 115A.1341; and
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(2) a household hazardous waste management program.
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(d) The covered battery clearinghouse may terminate a covered battery collector, except
a household hazardous waste management program, and cease payment to the covered
battery collector for good cause.
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Subd. 2.
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Duty to negotiate in good faith.
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The covered battery clearinghouse and covered
battery stewardship organizations must negotiate in good faith:
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(1) allocation of covered battery stewardship program costs with and among participants;
and
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(2) payments for covered services to persons providing covered services.
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Subd. 3.
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Accessibility.
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(a) The 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.
new text end
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(b) The covered battery stewardship program must include collection opportunities
beyond those required under section 115A.1335, subdivision 3, to better serve populations
under paragraph (a), such as individual pickup from households and temporary events to
provide enhanced collection availability.
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(c) Where feasible, the covered battery stewardship program must encourage establishing
covered battery collection sites in proximity to local public transit.
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Subd. 4.
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Oversight; eligibility to provide covered services.
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(a) The covered battery
clearinghouse and covered battery stewardship organizations must ensure that covered
batteries and residual materials managed under the covered battery stewardship program
are managed according to the performance standards in section 115A.1335, subdivision 2,
paragraph (a), clause (15), by all persons providing covered services.
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(b) To ensure that covered batteries and residual materials are managed to the maximum
extent practicable in accordance with section 115A.02, paragraph (b), the commissioner
may require performance standards and oversight methods in lieu of or in addition to the
performance standards and oversight methods used by the covered battery clearinghouse
under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), clause (15), for
persons providing covered services for covered batteries. The commissioner may consider
data submitted under subdivision 7; the availability and feasibility of technology, processes,
and methods for managing covered batteries; and other information related to the
effectiveness of the covered battery stewardship program.
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Subd. 5.
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Program effectiveness.
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(a) To support the effectiveness of the covered battery
stewardship program, the covered battery clearinghouse 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 who collected covered batteries
before the effective date of this section to inform them how to request coverage by the
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) methods 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 the 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) The covered battery clearinghouse 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 covered battery clearinghouse may coordinate or combine the provision of
education efforts under paragraphs (a) and (b) with education efforts required for the covered
battery clearinghouse under subdivision 1. The immunities conveyed by section 115A.1345,
subdivision 2, also apply to any such coordination or combination.
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(d) The covered battery clearinghouse must, in addition to the requirements of paragraphs
(a) to (c) and subdivision 6, take action to decrease the incidence of covered batteries in
solid waste generated in the state as soon as practicable and to the maximum extent
achievable. The commissioner may determine the effectiveness of the covered battery
stewardship program using information from waste composition studies under section
115A.412 and other information available to the commissioner and may require the covered
battery clearinghouse to submit information and implement actions to decrease the incidence
of covered batteries in solid waste in accordance with section 115A.1335, subdivisions 2,
paragraph (a), clause (38), and 3, paragraph (b), clause (6).
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Subd. 6.
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Public advisory committee.
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(a) The covered battery clearinghouse must
establish and maintain a public advisory committee.
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(b) The duties of the public advisory committee are to:
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(1) assist with drafting, continuous review, and periodic audit of the covered battery
clearinghouse's outreach and education activities, including but not limited to signage and
educational materials; and
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(2) make recommendations to the covered battery clearinghouse and the commissioner
to continuously improve the effectiveness of the outreach and education activities and
maximize participation in the covered battery stewardship program.
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(c) The public advisory committee must meet and make recommendations before a
covered battery stewardship plan is submitted to the commissioner.
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(d) Membership of the committee must include representatives of stakeholders of the
covered battery stewardship program, including but not limited to:
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(1) the commissioner;
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(2) household hazardous waste management programs;
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(3) covered battery collectors that are not household waste management programs;
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(4) persons providing or that might provide covered services;
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(5) producers; and
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(6) other persons providing statewide representation.
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Subd. 7.
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Reporting.
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(a) The covered battery clearinghouse must report an amendment
to the covered battery stewardship plan made under section 115A.1335, subdivision 5,
paragraph (a), to the commissioner within 30 days after making the amendment.
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(b) By April 1 each year after a covered battery stewardship plan is approved under
section 115A.1335, subdivision 4, the covered battery clearinghouse must report to the
commissioner, in a form and manner prescribed by the commissioner, on the covered battery
clearinghouse's activities during the preceding calendar year. The covered battery
clearinghouse must also submit a copy of the report to the board. The 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 (27);
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(3) a description by chemistry by weight of:
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(i) 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 (37);
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(ii) the records maintained or received by the covered battery clearinghouse to document
the end management described in item (i); and
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(iii) the method or methods of verification used by the covered battery clearinghouse to
ensure that the records maintained or received in item (ii) accurately reflect the actual end
management of the covered batteries;
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(4) the effectiveness of the covered battery clearinghouse'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 (38);
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(5) the results of the oversight according to section 115A.1335, subdivision 2, paragraph
(a), clause (15), verifying that the performance standards were met by each of the persons
providing covered services;
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(6) a description of outreach and education activities provided by the covered battery
clearinghouse during the preceding calendar year according to subdivision 5;
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(7) 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 clearinghouse and any additional
covered battery stewardship organizations, by an independent auditor. The independent
auditor must be selected by the covered battery clearinghouse and approved or rejected by
the commissioner. If the commissioner rejects an independent auditor, the covered battery
clearinghouse must select a different independent auditor for approval or rejection by the
commissioner. The independent audit must meet the requirements of Accounting Standards
Update 2018-08, Not-for-Profit Entities (Topic 958), Financial Accounting Standards Board,
as amended;
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(8) the proposed and actual budget for the year in which the report is submitted; and
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(9) starting on the second April 1 after the covered battery clearinghouse'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. 8.
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Organization of clearinghouse and stewardship organizations.
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(a) A covered
battery stewardship organization and the covered battery clearinghouse must:
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(1) be a nonprofit organization as described in section 501(c)(3) of the Internal Revenue
Code; and
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(2) comply with section 5.36.
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(b) The covered battery clearinghouse and covered battery stewardship organizations
may contract with subordinate persons to implement or administer a portion or portions of
the 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), the covered battery
clearinghouse must:
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(1) submit a single covered battery stewardship plan to the commissioner meeting the
requirements of sections 115A.1331 to 115A.1347;
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(2) submit a single report to the commissioner according to subdivision 7 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 the covered battery clearinghouse.
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EFFECTIVE DATE.
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This section is effective July 1, 2027.
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Sec. 14.
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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 to the
covered battery clearinghouse at an amount that is adequate to reimburse the agency's costs
calculated under paragraph (a). The covered battery clearinghouse 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
annual administrative fees to the covered battery clearinghouse at an amount that is adequate
to reimburse the agency's costs calculated under paragraph (c). The covered battery
clearinghouse must pay the assessed administrative fees by the due dates set by the
commissioner.
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(e) For purposes of this subdivision, costs of the board are considered costs incurred by
the agency.
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(f) 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 battery stewardship account under paragraph (g).
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(g) A battery stewardship account is established in the special revenue fund.
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Subd. 2.
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Recovery and proper management fees.
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(a) When the commissioner intends
to spend money for the recovery and proper management of covered batteries under section
115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess
the estimated cost of recovery and proper management of covered batteries to the covered
battery clearinghouse.
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(b) The cost under paragraph (a) must not include any subsequent remediation of the
real properties where the covered batteries are located nor the cost of any environmental
assessment of the properties to determine appropriate subsequent remediation under other
law. Such costs must not be paid from any money assessed, collected, or appropriated under
this section. The covered battery clearinghouse must pay the assessed recovery and
management fee by the due date set by the commissioner.
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(c) If, after the covered batteries have been recovered and properly managed, the actual
cost of recovery and proper management of the recovered batteries is less than the fee paid
by the covered battery clearinghouse, the commissioner must refund the excess payment.
If the cost of recovery and proper management exceeds the fee paid by the covered battery
clearinghouse, the commissioner must assess the covered battery clearinghouse for the
deficit. The covered battery clearinghouse must pay the assessed recovery and management
fee deficit by the due date set by the commissioner.
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Subd. 3.
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Disposition of fees.
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new text begin
The total amount of net fees collected under this section
must not exceed the amount necessary to reimburse agency costs as calculated under
subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the
state treasury and credited to the 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. 15.
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[115A.1341] COVERED BATTERY COLLECTOR DUTIES.
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Subdivision 1.
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Accepting covered products.
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(a) All covered battery collectors must
accept covered batteries without imposing a fee, charge, surcharge, or other cost to any
person other than the covered battery clearinghouse.
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(b) At a full covered battery collection site, a covered battery collector must accept from
any person at least ten covered batteries daily of any brand, type, physical size, energy
capacity, or chemistry, unless the covered battery collector determines a specific covered
battery cannot be safely collected by the covered battery collector at a specific covered
battery collection site at a specific time. A full 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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(c) A household hazardous waste management program may accept covered batteries
at any covered battery collection site that the program operates. The household hazardous
waste management program may limit from which persons it will accept covered batteries
and may limit the number, type, physical size, energy capacity, or chemistry of a covered
battery accepted. The covered battery clearinghouse may count a covered battery collection
site operated by the household hazardous waste management program as a full covered
battery collection site when demonstrating compliance with the convenience standards under
section 115A.1335, subdivision 3, only if the household hazardous waste management
program voluntarily agrees in writing with the covered battery clearinghouse to comply
with paragraph (b) at the site.
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(d) A covered battery collector that determines that it cannot safely accept a specific
covered battery according to paragraph (b) must document the reason for not accepting the
covered battery and immediately notify the covered battery clearinghouse of the
nonacceptance to allow the covered battery clearinghouse to arrange for alternate collection
of the covered battery under section 115A.1337, subdivision 1, paragraph (a), clause (7).
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Subd. 2.
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Storing accepted covered batteries.
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new text begin
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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new text begin
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. The covered battery collector may provide the training or may receive
training through the covered battery clearinghouse.
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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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Subd. 5.
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Covered services.
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(a) A covered battery collector may request that the covered
battery clearinghouse use a particular person to provide covered services on behalf of the
covered battery clearinghouse. The covered battery clearinghouse must consider the request.
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(b) A covered battery collector may request that the covered battery clearinghouse allow
the covered battery collector to provide covered services on behalf of the covered battery
clearinghouse. To make a request, the covered battery collector must be able to show that
it meets the performance standards in section 115A.1335, subdivision 2, paragraph (a),
clause (15). The covered battery collector must negotiate in good faith the fees to be paid
to the covered battery collector for providing the covered services.
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EFFECTIVE DATE.
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new text begin
This section is effective January 1, 2030.
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Sec. 16.
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[115A.1343] COVERED BATTERIES RECOVERY AND PROPER
MANAGEMENT.
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new text begin
Subdivision 1.
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new text begin
Recovery and proper management.
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new text begin
(a) In addition to any authority
granted by other law and without limiting that authority, whenever the commissioner
determines that covered batteries have been abandoned, improperly disposed of, or stored
on real property within the state in a manner not in compliance with sections 115A.1331 to
115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph
(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,
subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible
for the abandonment, improper disposal, or noncompliant storage of the covered batteries
to recover and properly manage the covered batteries according to sections 115A.1331 to
115A.1347 and applicable rules. An order under this paragraph must notify the person of
the provisions of this subdivision.
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(b) If a person that receives an order under paragraph (a) fails to complete the ordered
actions to recover and properly manage the covered batteries within the time specified in
the order, then after that time or upon expiration of the appeal period for the order, whichever
is later, the commissioner must notify the covered battery clearinghouse in writing of:
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(1) the commissioner's determination that the covered batteries have been abandoned,
improperly disposed of, or stored in a noncompliant manner;
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(2) the name of the person that was issued the order under paragraph (a) and the location
of the covered batteries;
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(3) the actions required to recover and properly manage the covered batteries; and
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(4) the amount of time that the covered battery clearinghouse may, with the consent of
the person, attempt to complete the actions to recover and properly manage the covered
batteries on behalf of the person before the commissioner takes action.
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(c) If the covered battery clearinghouse intends to arrange for recovery and proper
management of the covered batteries, the covered battery clearinghouse must notify the
commissioner of its intent and submit a plan to recover and properly manage the covered
batteries to the commissioner. The covered battery clearinghouse must then comply with
its submitted recovery and management plan.
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(d) If, after the period specified in paragraph (b), the ordered actions to recover and
properly manage the covered products have not been completed, or upon earlier notice from
the covered battery clearinghouse that it does not intend to take the actions, the commissioner
may recover and properly manage the covered batteries. The commissioner must estimate
the cost for a person contracted to the agency to perform the recovery and management.
The commissioner must assess the estimated cost to the covered battery clearinghouse
according to section 115A.1339, subdivision 2. After the covered battery clearinghouse
pays the assessed fee, the commissioner may recover and properly manage the covered
batteries. Money appropriated to the commissioner from the battery stewardship account
may be spent by the commissioner to recover and properly manage the covered batteries.
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(e) In addition to the authority to enter upon any public or private property for the purpose
of obtaining information or conducting surveys or investigations under section 115A.06,
the commissioner or commissioner's designee or agent may enter upon the property to
recover covered batteries when acting under this subdivision.
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Subd. 2.
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Limited private right of action for recovery and proper management.
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(a)
If the covered battery clearinghouse arranges and pays for the recovery and proper
management of covered batteries under subdivision 1, paragraph (c), the covered battery
clearinghouse may maintain a civil action against a person issued an order to recover and
properly manage those covered batteries under subdivision 1, paragraph (a). The covered
battery clearinghouse is entitled to damages under this paragraph of twice the actual cost
of recovery and proper management of the covered batteries. Additional amounts recoverable
under this paragraph include an award of reasonable attorney fees and costs.
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(b) If the covered battery clearinghouse is assessed and pays the cost to recover and
properly manage covered batteries under subdivision 1, paragraph (d), and section
115A.1339, subdivision 2, the covered battery clearinghouse may maintain a civil action
against a person issued an order to recover and properly manage those covered batteries
under subdivision 1, paragraph (a). The covered battery clearinghouse is entitled to damages
under this paragraph equal to the cost of recovery and proper management of covered
batteries. Additional amounts recoverable under this paragraph include an award of
reasonable attorney fees and costs.
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(c) 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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EFFECTIVE DATE.
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new text begin
This section is effective January 1, 2030.
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Sec. 17.
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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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new text begin
(a) Except as
provided in paragraph (e), the covered battery clearinghouse or a covered battery stewardship
organization may maintain a civil action against one or more covered battery stewardship
organizations or one or more covered battery producers, except a de minimis covered battery
producer, to recover a portion of the covered battery clearinghouse's or 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 clearinghouse or 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 clearinghouse from a subordinate 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 the covered battery stewardship program during the period when covered batteries of the
defendant were managed by the plaintiff covered battery clearinghouse or 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 clearinghouse may establish a defendant covered battery
stewardship organization's fair share of the plaintiff's actual costs by providing the court
with information by which the defendant covered battery stewardship organization's share
of the covered battery stewardship program costs would have been allocated had the
defendant covered battery stewardship organization paid its allocated share. The plaintiff
covered battery clearinghouse may use data from other covered battery stewardship
organizations to provide the information.
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(d) A plaintiff covered battery clearinghouse or 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. The plaintiff covered battery clearinghouse
or 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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(e) 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.
new text end
new text begin
(f) No action may be brought under this subdivision against a person other than a covered
battery producer or covered battery stewardship organization.
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(g) 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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new text begin
A covered battery producer, covered battery stewardship
organization, or covered battery clearinghouse 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, covered battery stewardship
organization's, or covered battery clearinghouse's chosen system.
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Subd. 3.
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Duty to provide information.
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new text begin
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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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.
new text end
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Subd. 5.
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Multistate implementation.
new text end
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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.
new text end
new text begin
Subd. 6.
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new text begin
Rules.
new text end
new text begin
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.
new text end
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EFFECTIVE DATE.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 18.
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[115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;
COVERED BATTERY SALES RESTRICTION.
new text end
new text begin
Subdivision 1.
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Disposal prohibition.
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new text begin
(a) A person may not place a covered battery into:
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(1) solid waste; or
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new text begin
(2) a recycling container that a covered battery collector has not clearly marked for use
for collecting covered batteries.
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new text begin
(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.
new text end
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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.
new text end
new text begin
Subd. 2.
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new text begin
Labeling and sale; requirements.
new text end
new text begin
(a) A person may not sell, including online
sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a
sale of a covered battery unless the covered battery is labeled as required under clauses (1)
to (3). 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;
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(2) the energy capacity of the battery in watt-hours; and
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(3) the manufacturer of the battery or the brand under which the battery will be sold.
new text end
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(b) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute in or into the state; or facilitate a sale of a covered battery unless:
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(1) the covered battery's producer is named as a participant in a covered battery
stewardship plan published under section 115A.1335, subdivision 4; or
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(2) the brand is named as covered in the approved covered battery stewardship plan
published under section 115A.1335, subdivision 4.
new text end
new text begin
(c) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute in or into the state; or facilitate a sale of a covered battery 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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new text begin
(d) This subdivision does not apply to isolated and occasional sales of a covered battery
that are not made in the normal course of business, as exempted from sales tax under section
297A.67, subdivision 23.
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new text begin
(e) 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.
new text end
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EFFECTIVE DATE.
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new text begin
This section is effective January 1, 2030.
new text end
Sec. 19.
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[115A.1351] STEWARDSHIP PROGRAM FOR BATTERY-CONTAINING
AND ELECTRICAL PRODUCTS; DEFINITIONS.
new text end
new text begin
(a) The terms used in sections 115A.1351 to 115A.1369 have the meanings given in this
section and section 115A.03.
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new text begin
(b) "Audio device" means a stationary or portable electronics product designed and
intended to capture sound from a person or produce sound, or both, such as a telephone,
radio, interactive speaker, or headphones.
new text end
new text begin
(c) "Battery-containing product" means a product in which a battery is contained or to
which a battery is attached.
new text end
new text begin
(d) "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. If there is no such mark, trademark, logo, name, symbol, word, or identifier, the
brand is the name of a covered product producer.
new text end
new text begin
(e) "Circuit board" means a nonconductive substrate onto which one or more layers of
conductive paths have been printed or wires attached for mounting and interconnecting
electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit
chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring
boards, and any other style or type of circuit board.
new text end
new text begin
(f) "Collection" means the receipt of discarded covered products from a person, including
sorting and storage that are necessary for receipt and that are performed by the covered
products collector. Collection does not include transport of a covered product that occurs
after a covered products collector receives the covered product, except for transport by the
covered products collector to or between a covered products collection site or sites operated
by the covered products collector.
new text end
new text begin
(g) "Computer" means a stand-alone electronics product for data processing, such as a
laptop, tablet, desktop tower, gaming system or console, or calculator.
new text end
new text begin
(h) "Computer peripheral" means a separate electronics product designed and intended
solely for use with a computer that provides input or output functions for the computer,
such as a keyboard, mouse, gaming controller, modem, printer, or headset.
new text end
new text begin
(i) "Covered battery-containing product" means a battery-containing product that is:
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(1) an indoor maintenance product from which the batteries are not easily removable;
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(2) a lighting product from which the batteries are not easily removable;
new text end
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(3) a personal care tool from which the batteries are not easily removable;
new text end
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(4) a power tool from which the batteries are not easily removable;
new text end
new text begin
(5) an unmanned aircraft system, as defined in section 341 of Public Law 115-254, from
which the batteries are not easily removable;
new text end
new text begin
(6) a yard and outdoor maintenance product from which the batteries are not easily
removable; or
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new text begin
(7) a battery-containing product or category of battery-containing products listed in rules
adopted by the commissioner under section 115A.1365, subdivision 6.
new text end
new text begin
(j) "Covered electronics product" means an electronics product that is:
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(1) an audio device;
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(2) a video device;
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(3) a computer;
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(4) a computer peripheral;
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(5) a data recording, retrieval, and storage device;
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(6) network equipment; or
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(7) an electronics product or category of electronics products listed in rules adopted by
the commissioner under section 115A.1365, subdivision 6.
new text end
new text begin
(k) "Covered product" means a covered battery-containing product or a covered
electronics product, except that a covered product does not include:
new text end
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(1) a major appliance;
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new text begin
(2) a product designed and intended solely for use in manufacturing, industrial, or other
commercial settings;
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(3) a device powered by an internal combustion engine;
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(4) an off-highway vehicle as defined under section 84.771;
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(5) a watercraft as defined under section 86B.005, subdivision 18, notwithstanding the
exceptions contained therein;
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(6) a snowmobile as defined under section 84.81, subdivision 3; or
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new text begin
(7) a motor vehicle as defined under section 168.002, subdivision 18.
new text end
new text begin
(l) "Covered products clearinghouse" means the organization that is responsible for
implementing the covered products stewardship program if covered products producers are
represented by more than one covered products stewardship organization. If all covered
products producers are represented by a single covered products stewardship organization,
then covered products clearinghouse means the covered products stewardship organization.
new text end
new text begin
(m) "Covered products collection site" means a physical location where a covered
products collector collects covered products from other persons, regardless of whether the
covered products collector operates the location permanently, temporarily, or for purposes
of a collection event.
new text end
new text begin
(n) "Covered products collector" means a person that collects covered products on behalf
of the covered products clearinghouse and receives reimbursement through the covered
products clearinghouse for the covered products collector's costs for collection of the covered
products.
new text end
new text begin
(o) "Covered products producer" means, with respect to a covered product that is sold,
including online sales; offered for sale or promotional purposes; or distributed in or into
the state, a person that:
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new text begin
(1) manufactured the covered product;
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new text begin
(2) imported the covered product into the United States; or
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new text begin
(3) owns or controls or is licensed to use a brand under which the covered product is
sold, including online sales; offered for sale or promotional purposes; or distributed in or
into the state.
new text end
new text begin
(p) "Covered Products Listing Review Board" means the Covered Products Listing
Review Board established under section 115A.1367, subdivision 1.
new text end
new text begin
(q) "Covered Products Reimbursement Board" means the Covered Products
Reimbursement Board established under section 115A.1353, subdivision 1.
new text end
new text begin
(r) "Covered products stewardship organization" means an organization that contracts
with one or more covered products producers to meet the producers' obligations under
sections 115A.1351 to 115A.1369.
new text end
new text begin
(s) "Covered products stewardship plan" means a plan that is prepared according to
section 115A.1355 and submitted to the commissioner by the covered products clearinghouse.
new text end
new text begin
(t) "Covered products stewardship program" means the system implemented by the
covered products clearinghouse to manage all covered products offered to a covered products
collector or subject to section 115A.1363, subdivision 1, paragraph (a), by arranging and
paying for the collection, covered services, and all other activities described in a covered
products stewardship plan approved by the commissioner under section 115A.1355,
subdivision 4.
new text end
new text begin
(u) "Covered services" means transportation, processing, recycling, and disposal of
covered products and residual materials after collection. Covered services does not include:
new text end
new text begin
(1) repair, refurbishment, or reuse of a covered product by the collector; or
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new text begin
(2) transport of a covered product by the covered products collector that collected it to
or between a covered products collection site or sites that are operated by the covered
products collector.
new text end
new text begin
(v) "Data recording, retrieval, or storage device" means an electronics product for
recording, storing, or retrieving data on or from any media, such as portable hard drives,
flash memory sticks, memory cards, digital video disc players, and servers.
new text end
new text begin
(w) "De minimis covered products producer" means a covered products producer that,
in the most recent calendar year, had fewer than 100 covered products that were sold,
including online sales, in or into the state and for which the covered products producer was
responsible.
new text end
new text begin
(x) "Easily removable" means that a battery can removed by a single person from a
product using only the person's hands, a slotted screwdriver, or a #2 Phillips screwdriver.
new text end
new text begin
(y) "Electronics product" means a product that contains a circuit board or a cathode-ray
tube and that is not a loose battery.
new text end
new text begin
(z) "Full covered products collection site" means a covered products collection site that
meets the requirements of section 115A.1361, subdivision 1, paragraph (b).
new text end
new text begin
(aa) "Household hazardous waste management program" means a program established
under section 115A.96, subdivision 2, to collect and manage household hazardous waste
as defined section 115A.96.
new text end
new text begin
(bb) "Independent auditor" means a certified public accountant that:
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new text begin
(1) holds an active license under chapter 326A and rules adopted thereunder;
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new text begin
(2) is retained by the covered products clearinghouse;
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new text begin
(3) is not otherwise employed by or affiliated with the commissioner or the covered
products clearinghouse; and
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new text begin
(4) is qualified to conduct an audit under section 115A.1357, subdivision 7, paragraph
(b), clause (7).
new text end
new text begin
(cc) "Indoor maintenance product" means a battery-containing product designed and
intended for maintenance of the interior of a structure, such as a power mop, sweeper, or
vacuum cleaner.
new text end
new text begin
(dd) "Lighting product" means a battery-containing product used by a person to provide
light to an area, such as a flashlight, headlamp, work and scene light, or emergency light.
new text end
new text begin
(ee) "Loose battery" means a battery that is not contained in or attached to a product and
that is subject to sections 115A.1331 to 115A.1347. A loose battery does not include a
battery that is contained in an enclosure where the enclosure is not integral to the operation
of the battery. A loose battery may be of any brand, type, physical size, energy capacity, or
chemistry.
new text end
new text begin
(ff) "Network equipment" means an electronics product designed and intended to route,
convert, or transform data signals for use by other electronics products, such as a router,
server, or modem.
new text end
new text begin
(gg) "Participant" means a covered products producer that is named by the covered
products clearinghouse as meeting the covered product producer's obligations under sections
115A.1351 to 115A.1369.
new text end
new text begin
(hh) "Personal care tool" means a battery-containing product designed and marketed for
use by a person for care of hair, skin, or musculature, such as a razor, shaver, epilator,
clippers, hair iron or press, heating pad or blanket, toothbrush, flosser, or massager.
new text end
new text begin
(ii) "Power tool" means a battery-containing product designed and marketed for use by
a person that energizes a function otherwise performed using a hand-powered tool, such as
a drill, power screwdriver, impact wrench, nail gun, paint sprayer, power saw or other cutter,
grinder, sander, or electric knife.
new text end
new text begin
(jj) "Residual material" means material and waste remaining after repair, refurbishment,
reuse, and recycling of covered products have been completed.
new text end
new text begin
(kk) "Responsible market" means a market for covered products, for reclaimed materials
from collected covered products, or for any other recyclable residual material from collected
covered products that:
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new text begin
(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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new text begin
(2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
other laws governing environment, 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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new text begin
(4) if operating in the state, recycles covered products 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.
new text end
new text begin
(ll) "Specialized covered products 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 products.
new text end
new text begin
(mm) "Video device" means a stationary or portable electronics product designed and
intended to display still or moving images, or to capture still or moving images, or both,
such as a television, monitor, camera, or extended reality or augmented reality glasses.
new text end
new text begin
(nn) "Yard or outdoor maintenance product" means a battery-containing product designed
and intended for structural or grounds maintenance and upon which a person is not intended
to ride, such as a hedge trimmer, edger, leaf blower, or pressure washer. Yard or outdoor
maintenance product includes lawn care equipment, as defined in section 181A.116, upon
which a person is not intended to ride.
new text end
new text begin
EFFECTIVE DATE.
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new text begin
This section is effective July 1, 2026.
new text end
Sec. 20.
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[115A.1353] COVERED PRODUCTS REIMBURSEMENT BOARD.
new text end
new text begin
Subdivision 1.
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new text begin
Establishment.
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new text begin
The Covered Products Reimbursement Board is
established to recommend reimbursement rates for covered products collection to the
commissioner. Except as provided in this section, chapter 15 does not apply to the board.
new text end
new text begin
Subd. 2.
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Membership.
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new text begin
(a) By January 1, 2027, the commissioner must appoint the initial
membership of the Covered Products Reimbursement Board. Membership must consist of:
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(1) two members representing household hazardous waste management programs;
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new text begin
(2) two members representing covered products collectors that are not household waste
management programs; and
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new text begin
(3) four members representing covered products producers.
new text end
new text begin
(b) In making appointments under paragraph (a), the commissioner may not appoint
persons who are:
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new text begin
(1) current or elected Minnesota state representatives or senators;
new text end
new text begin
(2) required to register as lobbyists under section 10A.03; or
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(3) employees of the agency.
new text end
new text begin
(c) Initial appointments under paragraph (a), clause (2), must represent potential covered
products collectors. After January 1, 2030, whenever the terms of these members expire
according to subdivision 3, the new appointments must represent covered products collectors.
new text end
new text begin
Subd. 3.
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new text begin
Terms; removal.
new text end
new text begin
Members serve for a term of four years, except that one
member appointed under subdivision 2, paragraph (a), clause (1); one member appointed
under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision
2, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that
membership terms are staggered. Members may be reappointed to another term following
the end of a term. The removal of members is governed by section 15.059, subdivision 4.
new text end
new text begin
Subd. 4.
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new text begin
Quorum; voting.
new text end
new text begin
Meetings of the Covered Products Reimbursement Board
must have at least a quorum of six members. Recommendations of the board require the
affirmative vote of at least five members.
new text end
new text begin
Subd. 5.
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new text begin
Administrative support; facilitator.
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new text begin
(a) The commissioner must provide
administrative support to the Covered Products Reimbursement Board, including meeting
space and public access for meetings conducted by telephone or interactive technology. The
commissioner must ensure that all activities of the Covered Products Reimbursement Board
that require public notice, such as notice of meetings, agendas and materials related to
agenda items, and minutes, are published on the agency's publicly accessible website.
new text end
new text begin
(b) The Covered Products Reimbursement Board must ensure that all activities of the
board that require public notice are timely provided to the commissioner for publication.
new text end
new text begin
(c) The commissioner must contract for an independent facilitator for the Covered
Products Reimbursement Board. The facilitator is not a member of the board for purposes
of quorum or voting.
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new text begin
Subd. 6.
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new text begin
Meetings.
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new text begin
(a) The Covered Products Reimbursement Board must meet at least
annually and additionally as necessary to meet the requirements of subdivisions 7 to 9.
Meetings may be scheduled at the request of four members of the Covered Products
Reimbursement Board.
new text end
new text begin
(b) The Covered Products Reimbursement Board is subject to chapter 13D.
new text end
new text begin
Subd. 7.
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new text begin
Recommendations for reimbursement rates.
new text end
new text begin
(a) By January 1, 2028, and
beginning July 1, 2029, at least annually each July 1, the Covered Products Reimbursement
Board must submit to the commissioner a recommendation for reimbursement rates for
covered product collection for the following calendar year.
new text end
new text begin
(b) If the Covered Products Reimbursement Board does not submit a recommendation
for reimbursement rates by the due dates in paragraph (a), then within 30 days after a due
date, the facilitator must review the proposals of each member of the Covered Products
Reimbursement Board and prepare and submit a recommendation for reimbursement rates
to the commissioner. Notwithstanding the proposals of any members of the Covered Products
Reimbursement Board, the recommendation of the facilitator under this paragraph is
considered the recommendation of the Covered Products Reimbursement Board.
new text end
new text begin
(c) Recommended rates may be differentiated by methods recommended by the Covered
Products Reimbursement Board, such as local property lease or purchase costs, prevailing
local wages, or other factors to ensure:
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new text begin
(1) convenient collection statewide according to section 115A.1355, subdivision 3; and
new text end
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(2) that all costs of collection are covered according to paragraph (d).
new text end
new text begin
(d) Recommended rates must cover all costs of covered products collection incurred by
covered products collectors, including but not limited to:
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new text begin
(1) labor, overhead, and supplies;
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new text begin
(2) necessary collection and storage structures and containers;
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new text begin
(3) employee training;
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new text begin
(4) necessary safety equipment, including appropriate fire protection and suppression
equipment and supplies; and
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new text begin
(5) any other costs determined necessary by the commissioner.
new text end
new text begin
(e) In making determinations under paragraph (d), clause (5), the commissioner may
consider data submitted according to section 115A.1357, subdivision 7; the quantity of
covered products collected; the estimated quantity of covered products sold in or into the
state; the estimated quantity of covered products discarded into solid waste in the state; and
other information related to implementation of sections 115A.1351 to 115A.1369.
new text end
new text begin
(f) The Covered Products Reimbursement Board must also consider any additional
financial incentives necessary to induce covered products collectors to join the covered
products stewardship program if necessary for the covered products clearinghouse to meet
or exceed the required convenience standards under section 115A.1355, subdivision 3.
new text end
new text begin
Subd. 8.
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new text begin
Review and approval of reimbursement rates.
new text end
new text begin
(a) Within 90 days after
receiving a recommendation on reimbursement rates submitted under subdivision 7, the
commissioner must review the recommendation and approve or reject the recommendation.
new text end
new text begin
(b) In conducting a review of a recommendation, the commissioner may consult with
interested parties.
new text end
new text begin
(c) For at least 30 days before approving a recommendation under this subdivision, the
commissioner must post the recommendation on the agency's publicly accessible website
for public review and comment.
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new text begin
(d) If the commissioner determines that a recommendation does not meet the requirements
of sections 115A.1351 to 115A.1369, the commissioner must reject the recommendation.
The commissioner must provide a written notice of determination describing the reasons
for the rejection to the Covered Products Reimbursement Board. The board must meet as
necessary to submit a revised recommendation to the commissioner.
new text end
new text begin
(e) After consultation under paragraph (b) and review of public comments under
paragraph (c), if the commissioner determines that a recommendation meets the requirements
of this section, the commissioner may approve the recommendation. The commissioner
must provide a written notice of approval to the Covered Products Reimbursement Board
and to the covered products clearinghouse. In the notice, the commissioner must specify
the effective date of the approved reimbursement rates.
new text end
new text begin
(f) The commissioner must publish approved reimbursement rates on the agency's
publicly accessible website within 30 days after approving the rates. The commissioner
must continue to publish the approved rates until a successive reimbursement rate is approved
and published.
new text end
new text begin
Subd. 9.
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new text begin
More-frequent rate changes.
new text end
new text begin
The Covered Products Reimbursement Board
may, for good cause, submit a recommendation for reimbursement rates to the commissioner
more frequently than once per year. The commissioner must review the recommendation
according to subdivision 8.
new text end
new text begin
Subd. 10.
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new text begin
Continuation of rates.
new text end
new text begin
Approved reimbursement rates remain in effect until
the commissioner approves a new recommendation of the Covered Products Reimbursement
Board.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
new text begin
[115A.1355] COVERED PRODUCTS STEWARDSHIP PLAN AND
BUDGET.
new text end
new text begin
Subdivision 1.
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new text begin
Due dates; assumption of responsibility by one producer for other
producers; assumed responsibility for multiple producers.
new text end
new text begin
(a) By July 1, 2027:
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new text begin
(1) each covered products producer must contract with a covered products stewardship
organization to act on the covered products producer's behalf;
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new text begin
(2) if covered products producers contract with more than one covered products
stewardship organization, then all the covered products stewardship organizations must
establish or identify a covered products clearinghouse to administer the covered products
stewardship program; and
new text end
new text begin
(3) the covered products clearinghouse must notify the commissioner that it has been
established and provide to the commissioner identification of and contact information for
the covered products clearinghouse and all covered products stewardship organizations that
have contracted with the covered products clearinghouse.
new text end
new text begin
(b) If more than one person is a producer for a specific covered product, one producer
may assume all responsibility for obligations to a covered products stewardship organization
on behalf of another producer or all other producers for that covered product. If the one
producer assuming responsibility meets all obligations on behalf of one or more other
producers of a covered product, then each of those producers is a participant.
new text end
new text begin
(c) By January 1, 2029, the covered products clearinghouse must submit to the
commissioner a single covered products stewardship plan that meets the requirements of
subdivision 2 for review under subdivision 4.
new text end
new text begin
Subd. 2.
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new text begin
Plan content; budget requirement.
new text end
new text begin
(a) The covered products stewardship
plan must include:
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new text begin
(1) identification of and contact information for the covered products clearinghouse and
all covered products stewardship organizations that have contracted with the covered products
clearinghouse;
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new text begin
(2) copies of contracts clearly granting the covered products clearinghouse the authority
to act on behalf of the covered products stewardship organizations and the participants they
represent to implement the covered products stewardship plan, including responsibility of
the covered products stewardship organizations and the participants they represent to comply
with an approved covered products stewardship plan and to fund the covered products
clearinghouse as necessary to implement the covered products stewardship plan, pay for
associated costs, and pay for fees and penalties assessed by the commissioner;
new text end
new text begin
(3) identification of and contact information for all participants in the covered products
stewardship program;
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(4) identification of and contact information for each covered products collector;
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(5) identification 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 all subordinate persons that the covered
products clearinghouse has contracted with to administer and implement the covered products
stewardship program in accordance with section 115A.1357, subdivision 8. The relationship
of the other persons to the covered products clearinghouse and their role in administering
and implementing the covered products 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 products collection site to be served through the covered
products clearinghouse under the covered products stewardship program and identification
of those covered products 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 products stewardship program;
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(9) eligibility criteria for prospective covered products collectors;
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(10) a description of how the covered products clearinghouse will arrange for and ensure
that at least 25 percent of covered products collectors that are not household hazardous
waste management programs will provide repair, refurbishment, or reuse of collected covered
products;
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(11) a description of how the covered products stewardship program will provide covered
services under this section to any household hazardous waste management program in a
manner that is equal to the covered services provided to all other covered products collectors
if the operator of the household hazardous waste management program requests covered
services;
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(12) a description of how the covered products stewardship program will provide
convenient, statewide collection according to subdivision 3;
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(13) a description of how the covered products clearinghouse will annually monitor and
ensure continuing compliance with the convenience standards under subdivision 3;
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(14) a description of how the covered products clearinghouse will ensure each covered
products collector is provided with the materials specified in section 115A.1357, subdivision
1;
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(15) a description of how covered products collection sites will be accessible according
to section 115A.1357, subdivision 3;
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(16) the performance standards for persons providing covered services for the covered
products clearinghouse and the oversight methods by which the covered products
clearinghouse will ensure continuing compliance with the performance standards. The
covered products clearinghouse may establish performance standards, which at a minimum
must:
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(i) accord with clauses (20) to (23), (25), (26), (37), (41), and (42);
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(ii) ensure that covered services other than transportation are provided only by specialized
covered products recyclers; and
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(iii) ensure covered products and residual materials are managed through responsible
markets;
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(17) a description of the oversight methods by which the covered products clearinghouse
will ensure continuing compliance with the performance standards under clause (16);
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(18) a description of how the covered products clearinghouse will ensure that there are
at least ten persons providing covered services;
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(19) a description of how the covered products clearinghouse will arrange for and ensure
that covered services are provided by small businesses, as determined according to the Code
of Federal Regulations, title 13, part 121, for at least 25 percent of the covered products
collected annually, by weight;
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(20) a description of methods by which the covered products clearinghouse will ensure
that discarded covered products and residual materials managed under the covered products
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 federal, state, and local requirements for managing solid waste
and hazardous waste, as applicable;
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(21) a description of the actions the covered products clearinghouse will take upon
receiving information of potential or actual noncompliance under clause (20) by any person
handling covered products under the covered products stewardship program;
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(22) a description of methods by which the covered products clearinghouse will ensure
that covered products and residual materials managed under the covered products 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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(23) a description of the actions the covered products clearinghouse will take upon
receiving information of potential or actual noncompliance under clause (22) by any person
handling such covered products under the covered products stewardship program;
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(24) a description of how the covered products clearinghouse will ensure sufficient and
timely pickup and transport of covered products are provided to each covered products
collection site so that the covered products collection site can continuously and safely collect
and store covered products;
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(25) a description of methods by which the covered products clearinghouse will ensure
that covered products and residual materials managed under the covered products 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 federal, state, and local requirements for transporting hazardous
materials;
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(26) a description of the actions the covered products clearinghouse will take upon
receiving information of potential or actual noncompliance under clause (25) by any person
handling covered products under the covered products stewardship program;
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(27) a statement of indemnification by the covered products clearinghouse to covered
products collectors for potential liability for improper downstream management of covered
products or residual materials by providers of covered services arranged for by the covered
products clearinghouse and identified in the covered products stewardship plan under clause
(4);
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(28) a description of how the covered products clearinghouse will determine and annually
report the quantity of covered products collected under the covered products stewardship
program by weight of the covered products and chemistry by weight of the battery in
battery-containing products;
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(29) a description of the outreach and education methods and activities that the covered
products clearinghouse will ensure are provided according to section 115A.1357, subdivision
5;
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(30) a description of how the covered products clearinghouse will ensure that there is
at least one full-time representative of the covered products clearinghouse who is solely
dedicated to implementing the covered products stewardship program in this state and serves
as the primary contact between the covered products clearinghouse and the agency;
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(31) a description of the system by which the covered products clearinghouse will provide
advance payment or reimbursement to covered products collectors in a manner that:
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(i) provides:
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(A) periodic automatic payment of reimbursements at least annually; or
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(B) a process for submitting reimbursement requests and reasonable timelines for
reimbursement at intervals no longer than monthly unless otherwise agreed to by the covered
products collector; and
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(ii) provides an independent mediator to resolve reimbursement disputes that arise
between the covered products clearinghouse and a covered products collector;
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(32) a description of the system by which the covered products clearinghouse will pay
persons providing covered services, in a manner that provides:
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(i) a clear process for submitting invoices;
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(ii) reasonable timelines for payment at intervals no longer than monthly unless otherwise
agreed to by the person providing covered services; and
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(iii) an independent mediator to resolve payment disputes that arise between the covered
products clearinghouse and a person providing covered services;
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(33) a description of how the covered products stewardship program costs will be
allocated among participants, either individually or among groups of participants identified
by the covered products clearinghouse, or through covered products stewardship
organizations that have contracted with the covered products clearinghouse, such that the
costs of managing covered products are allocated equitably. The description must include:
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(i) a clear assignment of responsibility for costs of managing covered products subject
to a voluntary or mandatory recall to the participant or participants associated with those
covered products and not to other participants; and
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(ii) the process by which any outstanding credits or costs remaining from Minnesota
Statutes 2024, sections 115A.1310 to 115A.1330, will be settled among persons holding
the credits or costs until all such credits or costs have been fully resolved;
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(34) a description of how the covered products clearinghouse will comply with
subdivision 6, paragraph (c);
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(35) a description of how the covered products clearinghouse will assist covered products
producers in complying with the labeling requirement of section 115A.1367, subdivision
2, paragraph (a);
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(36) a description of how the covered products clearinghouse will provide assistance to
covered products producers to comply with section 325E.72;
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(37) a description of how the covered products clearinghouse will ensure that covered
products and residual materials managed under the covered products stewardship program
are managed to the maximum extent practicable in accordance with section 115A.02,
paragraph (b);
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(38) a description of how the covered products clearinghouse will incentivize investment
in processes, product design and material use, technology, and personnel training that could
raise the future maximum extent practicable for management described in clause (34),
including consideration of covered product repair, refurbishment, reuse, and product life
cycle;
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(39) a description of how the covered products clearinghouse will annually report to the
commissioner, by weight of the covered products and chemistry by weight of the battery
in battery-containing products, the end management, through repair, refurbishment, reuse,
recycling, or disposal, of covered products for which the covered products stewardship
program was responsible during each calendar year;
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(40) a description of how the covered products clearinghouse will take action to decrease
the incidence of covered products in solid waste in the state according to section 115A.1357,
subdivision 5, paragraph (d), including providing collection opportunities under section
115A.1357, subdivision 3, paragraph (b);
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(41) a description of methods by which the covered products clearinghouse will manage
sensitive and all other data contained in or otherwise associated with covered products
managed under the covered products stewardship program from the time of collection
through the final disposition of the covered products, in accordance with the most current
version of:
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(i) Special Publication 800-88 published by the National Institute of Standards and
Technology of the United States Department of Commerce; or
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(ii) i-SIGMA NAID AAA Certification, published by the International Secure Information
Governance & Management Association; and
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(42) a description of the actions the covered products clearinghouse will take upon
receiving information that the standards in clause (38) have not been adhered to by any
person handling covered products under the covered products stewardship program.
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(b) By January 1, 2029, and annually thereafter, the covered products clearinghouse
must submit an anticipated annual budget for the covered products stewardship program
for the following calendar year, broken down into the covered products stewardship program's
estimated costs for administration, collection, sorting after collection, storage after collection,
transportation after collection, processing, recycling, disposal, and communication costs,
including the cost of fees under section 115A.1359. 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) The covered products stewardship plan must
provide convenient, statewide collection for all covered products that are offered to covered
products collectors by a person in the state, regardless of:
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(1) a covered product's type or physical size;
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(2) the energy capacity or chemistry of the battery in a covered battery-containing
product;
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(3) a covered product's brand; or
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(4) the producer of a covered product.
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(b) The covered products stewardship plan must meet the following convenience
standards:
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(1) for each county with a population of 10,000 or less, maintain at least two full covered
products collection sites;
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(2) for each county with a population greater than 10,000 but less than or equal to
100,000, maintain at least two full covered products collection sites and at least one additional
full covered products collection site for each additional 10,000 in population above a
population of 10,000;
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(3) for each county with a population greater than 100,000, maintain at least 11 full
covered products collection sites and at least one additional full covered products collection
site for each additional 50,000 in population above a population of 100,000;
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(4) maintain a full covered products collection site located within ten miles of the
household of at least 95 percent of the residents of the state;
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(5) ensure no net loss in estimated collection convenience and capacity for covered
products; and
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(6) any additional convenience standards that the commissioner determines are necessary
to provide convenient, statewide collection for covered products, including operation of
additional covered products collection sites.
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(c) In making a determination under paragraph (b), clause (6), the commissioner may
consider data submitted according to section 115A.1357, subdivision 7; the quantity of
covered products collected; the estimated quantity of covered products sold in or into the
state; the estimated quantity of covered products disposed of in the state; the information
submitted under subdivision 2, paragraph (a), clause (36); and other information related to
the effectiveness of the covered products stewardship program.
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Subd. 4.
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Review of covered products stewardship plan; implementation.
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(a) Within
120 days after receiving a complete covered products stewardship plan submitted under
this section, the commissioner must determine whether the covered products 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 products stewardship plan, the commissioner
may consult with interested parties.
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(c) For at least 30 days before approving a covered products stewardship plan, the
commissioner must place the covered products 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 products 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
products stewardship plan. The commissioner must provide a written notice of determination
to the covered products clearinghouse 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 products 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 products stewardship plan. The commissioner must provide a written
notice of determination to the covered products clearinghouse and must publish the approved
covered products stewardship plan on the agency's publicly accessible website within 30
days after approval.
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(f) The covered products clearinghouse must implement the covered products stewardship
plan approved by the commissioner, including any amendments to the covered products
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 products stewardship plan or amendment submitted to the
commissioner for review, the commissioner may consider the data submitted according to
section 115A.1357, subdivision 7, and other relevant information to establish requirements
to improve the effectiveness, performance, and awareness of the covered products
stewardship program.
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Subd. 5.
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Amending or terminating covered products stewardship plan.
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(a) The
covered products clearinghouse may amend a covered products 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, the covered products clearinghouse must report the amendment to the
commissioner and the commissioner must publish the amended covered products stewardship
plan on the agency's publicly accessible website. The covered products clearinghouse must
implement amendments made to a covered products stewardship plan under this paragraph
within 60 days after adopting the amendment. The covered products clearinghouse may:
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(1) add, terminate, or replace a covered products collector, covered products 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 the covered products stewardship
plan; or
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(3) change contact staff or contact staff information for the covered products
clearinghouse, covered products stewardship organizations, participants, covered products
collectors, or persons providing covered services.
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(b) Except for an amendment under paragraph (a), the revised covered products
stewardship plan containing any amendment must be submitted to and reviewed and approved
by the commissioner before it may be implemented by the covered products clearinghouse.
The commissioner must review and approve or reject the covered products stewardship plan
containing the proposed amendment according to subdivision 4.
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(c) The covered products clearinghouse must submit an amended covered products
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 covered product
stewardship plan is necessary to implement sections 115A.1351 to 115A.1369.
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(d) The covered products clearinghouse may terminate a covered products stewardship
plan only:
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(1) by providing at least 90 days' written notice to the commissioner and to all covered
products stewardship organizations and participants in the covered products stewardship
program; and
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(2) after a replacement covered products stewardship plan submitted by the covered
products clearinghouse or a new clearinghouse is approved by the commissioner under
subdivision 4.
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(e) The commissioner may terminate a covered products stewardship plan for good
cause, as defined under paragraph (f). If the commissioner terminates a covered products
stewardship plan, the commissioner must provide the covered products clearinghouse with
written notice of termination describing the good cause for termination. The commissioner
must notify all participants and covered products stewardship organizations in the covered
products stewardship program in writing of the termination using the contact information
for the participants provided in the covered products 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 the covered products clearinghouse 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.1351 to 115A.1369; 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 the covered products clearinghouse's activities endanger human health
or the environment and the danger cannot reasonably be removed by an amendment to the
covered products stewardship plan.
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Subd. 6.
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Compliance.
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(a) The covered products clearinghouse must comply with the
covered products stewardship plan approved by the commissioner, including any amendments
to the covered products stewardship plan that are made according to subdivision 5, paragraph
(a) or (b). The covered products clearinghouse must ensure that all covered products
stewardship organizations, participants, and persons providing covered services also comply
with the stewardship plan and are responsible to the covered products clearinghouse and to
the commissioner for compliance.
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(b) All other covered products stewardship organizations must comply with the covered
products stewardship plan approved by the commissioner, including any amendments to
the covered products stewardship plan that are made according to subdivision 5, paragraph
(a) or (b). A covered products stewardship organization must ensure that all participants
the organization represents and all persons providing covered services for which the
organization is responsible also comply with the stewardship plan and are responsible to
the covered products stewardship organization and to the commissioner for compliance.
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(c) The covered products clearinghouse must ensure that covered products collectors
are reimbursed according to the reimbursement rates approved by the commissioner according
to section 115A.1353 and the method described in the covered products stewardship plan.
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(d) The covered products clearinghouse must ensure that all costs of the covered products
stewardship program are fully paid for by participants, except for de minimis covered
products producers. All costs of the covered products 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 products producer;
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(3) any covered products collector;
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(4) any person providing covered services;
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(5) the state or any political subdivision;
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(6) de minimis covered products producers; or
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(7) any other person that is not a covered products producer.
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EFFECTIVE DATE.
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This section is effective July 1, 2026.
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Sec. 22.
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[115A.1357] COVERED PRODUCTS CLEARINGHOUSE AND COVERED
PRODUCTS STEWARDSHIP ORGANIZATIONS; DUTIES AND STRUCTURE.
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Subdivision 1.
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Duties to covered products collectors.
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(a) The covered products
clearinghouse must ensure that the following are provided to each covered products collector:
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(1) reimbursement at the rates approved by the commissioner according to section
115A.1353 and the method described in the covered products stewardship plan;
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(2) pickup and transport of collected covered products from each covered products
collection site in sufficient time and quantity to allow the covered products collector to
safely receive covered products without interruption or cost to the covered products collector;
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(3) appropriate containers for storage and transportation of covered products and supplies
necessary for the collection of covered products;
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(4) signage to identify covered products collection sites and the covered products accepted
at the collection sites;
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(5) training for covered products collection site employees on identifying and safely
handling and storing covered products, including any covered products containing damaged,
defective, or recalled batteries, also known as DDR batteries;
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(6) educational materials that address the information described in subdivision 5,
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; and
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(7) direction to an alternate covered products collector whenever a covered products
collector determines and reports to the covered products clearinghouse, according to section
115A.1361, subdivision 1, paragraph (d), that the covered products collector cannot safely
collect a covered product. The covered products clearinghouse must ensure that the covered
product is collected by another covered products collector.
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(b) The covered products clearinghouse and covered products stewardship organizations
must consider the request of a covered products collector to perform covered services if the
covered products collector meets the performance standards in the covered products
stewardship plan under section 115A.1355, subdivision 2, paragraph (a), clause (16), and
the covered products collector and the covered products clearinghouse agree after negotiation
in good faith on the fees to be paid to the covered products collector for performing the
covered services. The covered products stewardship plan must identify the covered products
collector as providing covered services according to section 115A.1355, subdivision 2,
paragraph (a), clause (4).
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(c) The covered products clearinghouse and covered products stewardship organizations
must allow the following persons to serve as a covered products collector:
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(1) a person that agrees to operate or continues to operate a full covered products
collection site in compliance with:
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(i) the conditions in section 115A.1355, subdivision 2, paragraph (a), clauses (20) to
(23), (25), and (26);
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(ii) any other applicable provisions of the covered products stewardship plan in section
115A.1355; and
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(iii) section 115A.1361; and
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(2) a household hazardous waste management program.
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(d) The covered products clearinghouse may terminate a covered products collector,
except for a household hazardous waste management program, and cease payment to the
covered products collector for good cause.
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Subd. 2.
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Duty to negotiate in good faith.
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The covered products clearinghouse and
covered products stewardship organizations must negotiate in good faith:
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(1) allocation of covered products stewardship program costs with and among participants;
and
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(2) payments for covered services to persons providing covered services.
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Subd. 3.
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Accessibility.
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(a) The covered products 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) The covered products stewardship program must include collection opportunities
beyond those required under section 115A.1355, subdivision 3, to better serve populations
under paragraph (a), such as individual pickup from households and temporary events to
provide enhanced collection availability.
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(c) Where feasible, the covered products stewardship program must encourage
establishing covered products collection sites in proximity to local public transit.
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Subd. 4.
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Oversight; eligibility to provide covered services.
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(a) The covered products
clearinghouse and covered products stewardship organizations must ensure that covered
products and residual materials managed under the covered products stewardship program
are managed according to the performance standards in section 115A.1355, subdivision 2,
paragraph (a), clause (16), by all persons providing covered services.
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(b) To ensure that covered products and residual materials are managed to the maximum
extent practicable in accordance with section 115A.02, paragraph (b), the commissioner
may require performance standards and oversight methods in lieu of or in addition to the
performance standards and oversight methods used by the covered products clearinghouse
under paragraph (a) and section 115A.1355, subdivision 2, paragraph (a), clauses (16) and
(17), for persons providing covered services for covered products. The commissioner may
consider data submitted under subdivision 6; the availability and feasibility of technology,
processes, and methods for managing covered products; and other information related to
the effectiveness of the covered products stewardship program.
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Subd. 5.
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Program effectiveness.
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(a) To support the effectiveness of the covered products
stewardship program, the covered products clearinghouse must ensure 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 products in or into the state, to inform them of the requirements of section
115A.1367, subdivision 2;
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(2) potential covered products collectors and persons who collected covered products
before the effective date of this section to inform them how to request coverage by the
covered products 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 battery-containing products;
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(ii) methods to safely charge and store battery-containing products;
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(iii) the relative benefits of repairing, refurbishing, reusing, and recycling covered
products in comparison to each other and in contrast to disposal; and
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(iv) how to donate covered products for repair, refurbishment, or reuse at covered products
collection sites and how to properly manage covered products by recycling through covered
products collection sites.
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(b) The covered products clearinghouse must maintain a publicly accessible website to
locate covered products collection sites through map-based and text-based searches, including
identification of covered products collection sites where the collectors operating the sites
have reported that they will consider repair, refurbishment, or reuse of collected covered
products before transferring them for further recycling.
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(c) The covered products clearinghouse may coordinate or combine the provision of
educational efforts under paragraphs (a) and (b) with educational efforts required for the
covered products clearinghouse under section 115A.1357, subdivision 1. The immunities
conveyed by section 115A.1365, subdivision 2, also apply to any coordination or
combination.
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(d) The covered products clearinghouse must, in addition to the requirements of
paragraphs (a) to (c) and subdivision 6, take action to decrease the incidence of covered
products in solid waste generated in the state as soon as practicable and to the maximum
extent achievable.
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(e) The commissioner may determine the effectiveness of the covered products
stewardship program using information from waste composition studies conducted under
section 115A.412 and other information available to the commissioner and may require the
covered products clearinghouse to submit information and implement actions to decrease
the incidence of covered products in solid waste in accordance with section 115A.1355,
subdivisions 2, paragraph (a), clause (40); and 3, paragraph (b), clause (6).
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Subd. 6.
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Public advisory committee.
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(a) The covered products clearinghouse must
establish and maintain a public advisory committee.
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(b) The duties of the public advisory committee are to:
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(1) assist with drafting, continuous review, and periodic audit of the covered products
clearinghouse's outreach and education activities, including but not limited to signage and
educational materials; and
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(2) make recommendations to the covered products clearinghouse and the commissioner
to continuously improve the effectiveness of the outreach and education activities and
maximize participation in the covered products stewardship program.
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(c) The public advisory committee must meet and make recommendations before a
covered products stewardship plan is submitted to the commissioner.
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(d) Membership of the public advisory committee must include representatives of
stakeholders of the covered products stewardship program, including but not limited to:
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(1) the commissioner;
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(2) household hazardous waste management programs;
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(3) covered products collectors that are not household waste management programs;
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(4) persons providing or that might provide covered services;
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(5) producers; and
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(6) other persons providing statewide representation.
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(e) The covered products clearinghouse must maintain a publicly accessible website to
locate covered products collection sites through map-based and text-based searches.
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Subd. 7.
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Reporting.
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(a) The covered products clearinghouse must report an amendment
to the covered products stewardship plan made under section 115A.1355, subdivision 5,
paragraph (a), to the commissioner within 30 days after making the amendment.
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(b) By April 1 each year after a covered products stewardship plan is approved under
section 115A.1355, subdivision 4, the covered products clearinghouse must report to the
commissioner, in a form and manner prescribed by the commissioner, on the covered
products clearinghouse's activities during the preceding calendar year. The covered products
clearinghouse must also submit a copy of the report to the Covered Products Reimbursement
Board. The report must include:
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(1) the address, county of location, and geolocation data for each covered products
collection site served by the covered products stewardship program during the preceding
calendar year;
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(2) the weight of covered products and the chemistry by weight of the battery in
battery-containing products collected during each calendar year, in accordance with section
115A.1355, subdivision 2, paragraph (a), clause (39);
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(3) a description, by weight of the covered products and the chemistry by weight of the
batteries in battery-containing products, of:
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(i) the end management, through repair, refurbishment, reuse, recycling, or disposal, of
the covered products shipped from covered products collection sites under the covered
products stewardship program, in accordance with section 115A.1355, subdivision 2,
paragraph (a), clause (39);
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(ii) the records maintained or received by the covered products clearinghouse to document
the end management described in item (i); and
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(iii) the method or methods of verification used by the covered products clearinghouse
to ensure that the records maintained or received in item (ii) accurately reflect the actual
end management of the covered products;
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(4) the effectiveness of the covered products clearinghouse's efforts to decrease the
incidence of covered products in solid waste in the state, in accordance with section
115A.1355, subdivision 2, paragraph (a), clause (40);
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(5) the results of the oversight according to section 115A.1355, subdivision 2, paragraph
(a), clause (17), verifying that the performance standards were met by each of the persons
providing covered services;
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(6) a description of outreach and education activities provided by the covered products
clearinghouse during the preceding calendar year according to subdivision 5;
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(7) a financial report on the covered products stewardship program, including actual
costs and funding compared to the budget for the year submitted under section 115A.1355,
subdivision 2, paragraph (b). The financial report must include an audit report of the covered
products stewardship program, including the covered products clearinghouse and any
additional covered products stewardship organizations, by an independent auditor. The
independent auditor must be selected by the covered products clearinghouse and approved
or rejected by the commissioner. If the commissioner rejects an independent auditor, the
covered products clearinghouse must select a different independent auditor for approval or
rejection by the commissioner. The independent audit must meet the requirements of
Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958), Financial
Accounting Standards Board, as amended;
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(8) the proposed and actual budget for the year in which the report is submitted; and
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(9) starting on the second April 1 after the covered products clearinghouse's first covered
products stewardship plan is approved by the commissioner, and then every third year
thereafter, a performance audit of the covered products 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. 8.
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Organization of covered products clearinghouse and covered products
stewardship organizations.
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(a) A covered products stewardship organization and the
covered products clearinghouse must:
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(1) be a nonprofit organization as described in section 501(c)(3) of the Internal Revenue
Code; and
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(2) comply with section 5.36.
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(b) The covered products clearinghouse and covered products stewardship organizations
may contract with subordinate persons to implement or administer a portion or portions of
the covered products stewardship plan or to coordinate with a group or groups of participants.
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(c) A contract established according to paragraph (b) must be described under section
115A.1355, subdivision 2, paragraph (a), clause (6).
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(d) Notwithstanding any contract established according to paragraph (b), the covered
products clearinghouse must:
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(1) submit a single covered products stewardship plan to the commissioner meeting the
requirements of sections 115A.1351 to 115A.1369;
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(2) submit a single report to the commissioner according to subdivision 6 meeting the
requirements of sections 115A.1351 to 115A.1369;
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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.1351 to 115A.1369 applicable to the covered products clearinghouse.
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EFFECTIVE DATE.
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This section is effective July 1, 2027.
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Sec. 23.
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[115A.1359] 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.1351 to 115A.1369 from July 1, 2026, to June 30, 2027.
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(b) By December 1, 2027, the commissioner must assess an administrative fee to the
covered products clearinghouse at an amount that is adequate to reimburse the agency's
costs calculated under paragraph (a). The covered products clearinghouse 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.1351 to
115A.1369 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.1351 to
115A.1369 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
annual administrative fees to the covered products clearinghouse at an amount that is adequate
to reimburse the agency's costs under paragraph (c). The covered products clearinghouse
must pay the assessed administrative fees by the due dates set by the commissioner.
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(e) For purposes of this subdivision, costs of the Covered Products Reimbursement
Board under section 115A.1353 are considered costs incurred by the agency.
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(f) 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 incurred that are recovered by the attorney general, including
any award of attorney fees, must be deposited in the electronics stewardship account under
paragraph (g).
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(g) An electronics stewardship account is established in the special revenue fund.
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Subd. 2.
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Recovery and proper management fees.
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(a) When the commissioner intends
to spend money for the recovery and proper management of covered products under section
115A.1363, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess
the estimated cost of recovery and proper management of covered products to the covered
products clearinghouse.
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(b) The cost under paragraph (a) must not include any subsequent remediation of the
real properties where the covered products are located nor the cost of any environmental
assessment of the properties to determine appropriate subsequent remediation under other
law. Such costs must not be paid from any money assessed, collected, or appropriated under
this section. The covered products clearinghouse must pay the assessed recovery and
management fee by the due date set by the commissioner.
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(c) If, after the covered products have been recovered and properly managed, the actual
cost of recovery and proper management of the recovered products is less than the fee paid
by the covered products clearinghouse, the commissioner must refund the excess payment.
If the cost of recovery and proper management exceeds the fee paid by the covered products
clearinghouse, the commissioner must assess the covered products clearinghouse for the
deficit. The covered products clearinghouse must pay the assessed recovery and management
fee deficit by the due date set by the commissioner.
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Subd. 3.
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Disposition of fees.
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new text begin
The total amount of net fees collected under this section
must not exceed the amount necessary to reimburse agency costs as calculated under
subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the
state treasury and credited to the electronics 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.1351 to 115A.1369.
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EFFECTIVE DATE.
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new text begin
This section is effective July 1, 2026.
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Sec. 24.
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[115A.1361] COVERED PRODUCTS COLLECTOR DUTIES.
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new text begin
Subdivision 1.
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Accepting covered products.
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(a) All covered products collectors must
accept covered products without imposing a fee, charge, surcharge, or other cost to any
person other than the covered products clearinghouse.
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(b) At a full covered products collection site, a covered products collector must accept
from any person at least ten covered products daily of any brand, type, physical size, and,
in regards to covered battery-containing products, any energy capacity or chemistry, unless
the covered products collector determines a specific covered product cannot be safely
collected by the covered products collector at a specific covered products collection site at
a specific time. A full covered products collection site must be open to receiving covered
products at least 12 operating hours per week, 50 weeks each calendar year.
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(c) A household hazardous waste management program may accept covered products
at any covered products collection site that the program operates. The household hazardous
waste management program may limit from which persons it will accept covered products.
The household hazardous waste management program may limit the number, type, or
physical size of a covered product accepted and may limit the energy capacity or chemistry
of the battery in a covered product accepted. The covered products clearinghouse may count
a covered products collection site operated by the household hazardous waste management
program as a full covered products collection site when demonstrating compliance with the
convenience standards of section 115A.1355, subdivision 3, only if the household hazardous
waste management program voluntarily agrees in writing with the covered products
clearinghouse to comply with paragraph (b) at the site.
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(d) A covered products collector that determines that it cannot safely accept a specific
covered product under paragraph (b) must document the reason for not accepting the covered
product and immediately notify the covered products clearinghouse of the nonacceptance
in order to allow the covered products clearinghouse to arrange for alternate collection of
the covered product under section 115A.1357, subdivision 1, paragraph (a), clause (7).
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Subd. 2.
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Covered products held for repair, refurbishment, or reuse.
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(a) A covered
products collector may separate and retain for its own benefit covered products that the
collector intends to repair, refurbish, or otherwise reuse. The covered products collector
may not request nor receive reimbursement from the covered products clearinghouse for
any of the covered products collector's costs associated with covered products so retained.
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(b) A covered products collector must annually report to the covered products
clearinghouse, in a matter and time requested by the covered products clearinghouse, on
covered products retained by the collector for repair, refurbishment, or reuse.
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Subd. 3.
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Storing accepted covered products.
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A covered products collector must manage
and store all accepted covered products:
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(1) safely;
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(2) 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; and
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(3) in accordance with applicable provisions of the most current version of:
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(i) Special Publication 800-88 published by the National Institute of Standards and
Technology of the United States Department of Commerce; or
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(ii) i-SIGMA NAID AAA Certification, published by the International Secure Information
Governance & Management Association.
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Subd. 4.
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Training.
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new text begin
A covered products collector must ensure and document that training
is provided for covered products collection site employees on identifying and safely handling
and storing covered products, including those containing damaged, defective, or recalled
batteries, also known as DDR batteries. The covered products collector may provide the
training or may receive training through the covered products clearinghouse.
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Subd. 5.
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Record keeping for covered products.
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A covered products collector must
maintain records as specified in this subdivision for at least three years after the date of the
record and make the records available to the commissioner for inspection. The records must
include the chemistry by weight of the battery in battery-containing products and any
additional information required by the commissioner. The records must document for each
calendar year the covered products:
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(1) accepted at a covered products collection site; and
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(2) shipped from a covered products collection site.
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Subd. 6.
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Required information for reporting.
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For records and reporting related to
covered products under subdivisions 2, paragraph (b), and 5, the information provided must
include weight of the covered products and chemistry by weight of the battery in
battery-containing products and any additional information required by the commissioner.
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Subd. 7.
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Record keeping for employee training.
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A covered products collector must
maintain documentation of each employee's training related to covered products starting on
the date of training and for at least three years after the last day that the employee worked
for the covered products collector.
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Subd. 8.
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Covered services.
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(a) A covered products collector may request that the covered
products clearinghouse use a particular person to provide covered services on behalf of the
covered products clearinghouse. The covered products clearinghouse must consider the
request.
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(b) A covered products collector may request that the covered products clearinghouse
allow the covered products collector to provide covered services on behalf of the covered
products clearinghouse. To make a request, the covered products collector must be able to
show that they meet the performance standards in section 115A.1355, subdivision 2,
paragraph (a), clause (16). The covered products collector must negotiate in good faith the
fees to be paid to the covered products collector for providing the covered services.
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Subd. 9.
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Accepting other products.
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new text begin
A covered products collector may accept any
product for collection but may not be required to do so by the covered products clearinghouse
unless the product is a covered product. If a covered products collector accepts a product
that is not a covered product, the covered products collector may remove a battery from the
product if the collector either transfers the removed battery to a covered battery collector,
as defined in section 115A.1331, or arranges for the proper management of the removed
battery in accordance with the covered battery stewardship plan under section 115A.1335.
A covered products collector's costs for actions under this subdivision are not required to
be reimbursed by the covered products clearinghouse.
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EFFECTIVE DATE.
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new text begin
This section is effective January 1, 2030.
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Sec. 25.
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[115A.1363] COVERED PRODUCTS RECOVERY AND PROPER
MANAGEMENT.
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new text begin
Subdivision 1.
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new text begin
Recovery and proper management.
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new text begin
(a) In addition to any authority
granted by other law and without limiting that authority, whenever the commissioner
determines that covered products have been abandoned, improperly disposed of, or stored
on real property within the state in a manner not in compliance with sections 115A.1351 to
115A.1369 or with applicable rules adopted under section 116.07, subdivision 2, paragraph
(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,
subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible
for the abandonment, improper disposal, or noncompliant storage of the covered products
to recover and properly manage the covered products according to sections 115A.1351 to
115A.1369 and applicable rules. An order under this paragraph must notify the person of
the provisions of this subdivision.
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(b) If a person that receives an order under paragraph (a) fails to complete the ordered
actions to recover and properly manage the covered products within the time specified in
the order, then after that time or upon expiration of the appeal period for the order, whichever
is later, the commissioner must notify the covered products clearinghouse in writing of:
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(1) the commissioner's determination that the covered products have been abandoned,
improperly disposed of, or stored in a noncompliant manner;
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(2) the name of the person that was issued the order under paragraph (a) and the location
of the covered products;
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(3) the actions required to recover and properly manage the covered products; and
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(4) the amount of time that the covered products clearinghouse may, with the consent
of the person, attempt to complete the actions to recover and properly manage the covered
products on behalf of the person before the commissioner takes action.
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(c) If the covered products clearinghouse intends to arrange for recovery and proper
management of the covered products, the covered products clearinghouse must notify the
commissioner of its intent and submit a plan to recover and properly manage the covered
products to the commissioner. The covered products clearinghouse must comply with its
submitted recovery and management plan.
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(d) If, after the period specified in paragraph (b), the ordered actions to recover and
properly manage the covered products have not been completed, or upon earlier notice from
the covered products clearinghouse that it does not intend to take the actions, the
commissioner may recover and properly manage the covered products. The commissioner
must estimate the cost for a person contracted to the agency to perform the recovery and
management. The commissioner must assess the estimated cost to the covered products
clearinghouse according to section 115A.1359, subdivision 2. After the covered products
clearinghouse pays the assessed fee, the commissioner may recover and properly manage
the covered products. Money appropriated to the commissioner from the electronics
stewardship account may be spent by the commissioner to recover and properly manage
the covered products.
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(e) In addition to the authority to enter upon any public or private property for the purpose
of obtaining information or conducting surveys or investigations under section 115A.06,
the commissioner or the commissioner's designee or agent may enter upon the property to
recover covered products when acting under this subdivision.
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Subd. 2.
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Limited private right of action for recovery and proper management.
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(a)
If the covered products clearinghouse arranges and pays for the recovery and proper
management of covered products under subdivision 1, paragraph (c), the covered products
clearinghouse may maintain a civil action against a person issued an order to recover and
properly manage those covered products under subdivision 1, paragraph (a). The covered
products clearinghouse is entitled to damages under this paragraph of twice the actual cost
of recovery and proper management of the covered products. Additional amounts recoverable
under this paragraph include an award of reasonable attorney fees and costs.
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(b) When the covered products clearinghouse is assessed and pays the cost to recover
and properly manage covered products under subdivision 1, paragraph (d), and section
115A.1359, subdivision 2, the covered products clearinghouse may maintain a civil action
against a person issued an order to recover and properly manage those covered products
under subdivision 1, paragraph (a). The covered products clearinghouse is entitled to damages
under this paragraph equal to the cost of recovery and proper management of the covered
products. Additional amounts recoverable under this paragraph include an award of
reasonable attorney fees and costs.
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(c) 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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EFFECTIVE DATE.
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new text begin
This section is effective January 1, 2030.
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Sec. 26.
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[115A.1365] OTHER AUTHORITIES AND DUTIES.
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new text begin
Subdivision 1.
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new text begin
Limited private right of action against producers.
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(a) Except as
provided in paragraph (e), the covered products clearinghouse or a covered products
stewardship organization may maintain a civil action against one or more covered products
stewardship organizations or one or more covered products producers, except a de minimis
covered products producer, to recover a portion of the covered products clearinghouse's or
covered products 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 products clearinghouse or covered products
stewardship organization under sections 115A.1351 to 115A.1369; costs of managing
covered products of other covered products producers that were not participants; or costs
that should otherwise have been due to the covered products clearinghouse from a subordinate
covered products stewardship organization. Additional amounts recoverable under this
subdivision include an award of reasonable attorney fees and costs. If a defendant covered
products producer did not participate in the covered products stewardship program established
under sections 115A.1351 to 115A.1369 during the period when covered products of the
defendant covered products producer were managed by the plaintiff covered products
clearinghouse or covered products stewardship organization, a punitive sum of up to three
times the damages awarded may be assessed.
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(c) A plaintiff covered products clearinghouse may establish a defendant covered products
stewardship organization's fair share of the plaintiff's actual costs by providing the court
with information by which the defendant covered products stewardship organization's share
of the covered products stewardship program costs would have been allocated had the
defendant covered products stewardship organization paid its allocated share. The plaintiff
covered products clearinghouse may use data from other covered products stewardship
organizations to provide the information.
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(d) A plaintiff covered products clearinghouse or covered products stewardship
organization may establish a defendant covered products producer's fair share of the plaintiff's
actual costs by providing the court with information establishing the process by which the
defendant covered products producer's share of covered products stewardship program costs
would have been allocated had the defendant covered products producer been a participant
in the program or paid its allocated share if it was a participant. The plaintiff covered products
clearinghouse or covered products stewardship organization may use data from covered
products producers similar in covered product, financial status, or market share to the
defendant covered products producer to provide the information.
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(e) 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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(f) No action may be brought under this subdivision against a person other than a covered
products producer or covered products stewardship organization.
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(g) 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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new text begin
A covered products producer, covered products
stewardship organization, or covered products clearinghouse that organizes collection and
covered services for covered products under sections 115A.1351 to 115A.1369 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 products producer's, covered products
stewardship organization's, or covered products clearinghouse's chosen system.
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Subd. 3.
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Duty to provide information.
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Upon request of the commissioner for purposes
of implementing sections 115A.1351 to 115A.1369, a person must furnish to the
commissioner any information that the person has or may reasonably obtain.
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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 products that is found to be in violation of sections 115A.1351 to
115A.1369 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.1351 to 115A.1369, 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.1351 to 115A.1369.
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Subd. 6.
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Transition.
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The commissioner may adjust the responsibilities of any person
under Minnesota Statutes 2024, sections 115A.1310 to 115A.1330, if determined by the
commissioner to be beneficial in the transition to implementation of sections 115A.1351 to
115A.1369.
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Subd. 7.
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Rules.
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(a) The commissioner may adopt rules to implement sections 115A.1351
to 115A.1369. The 18-month time limit under section 14.125 does not apply to rulemaking
under this subdivision.
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(b) The commissioner may, by rule:
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(1) list a covered battery-containing product if it is a battery-containing product and list
a covered electronics product if it is an electronics product; or
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(2) delist a covered product listed under this section.
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(c) In a rulemaking under paragraph (b), the commissioner may consider:
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(1) whether the product when discarded, would be a hazardous waste, problem material,
or otherwise present an actual or potential risk to public safety, human health, or the
environment;
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(2) whether the product contains a chemical of high concern identified under section
116.9402;
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(3) whether the product contains critical materials or critical minerals as defined in
sections 6003 or 7002 of Public Law 116-260;
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(4) the expected practicality of collection, transportation, and processing of the product
using currently available collectors, collection sites, and persons providing covered services;
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(5) the known or estimated prevalence of the product in solid waste facilities in
Minnesota;
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(6) potential opportunities for improved management of the product in accordance with
section 115A.02;
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(7) expected or expressed public opinion regarding the potential collection of the product;
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(8) public requests received regarding the potential collection of the product;
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(9) the opportunity for improved environmental justice;
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(10) whether the product has been recommended for listing or delisting by the Covered
Products Listing Review Board under section 115A.1367; and
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(11) any other information determined relevant by the commissioner.
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(d) The commissioner may list or delist a covered battery-containing product or covered
electronics product by rule under this subdivision regardless of whether the Covered Products
Listing Review Board has or has not made a recommendation to list, not list, delist, or not
delist the product.
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EFFECTIVE DATE.
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This section is effective July 1, 2026.
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Sec. 27.
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[115A.1367] COVERED PRODUCTS LISTING REVIEW BOARD.
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Subdivision 1.
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Establishment.
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The Covered Products Listing Review Board is established
to make recommendations to the commissioner that an electronics product or a
battery-containing product be listed as a covered product according to section 115A.1365,
subdivision 7, paragraph (b), or to delist a covered product that was listed under section
115A.1365. Notwithstanding section 15.059, subdivision 6, the commissioner must maintain
the Covered Products Listing Review Board as long as sections 115A.1351 to 115A.1369
are effective.
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Subd. 2.
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Membership.
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(a) By July 1, 2030, the commissioner must appoint the initial
membership of the Covered Products Listing Review Board. Membership consists of:
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(1) one or more members representing the commissioner;
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(2) one or more members representing covered products producers;
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(3) one or more members representing household hazardous waste management programs;
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(4) one or more members representing covered products collectors that are not household
hazardous waste management programs;
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(5) one or more members representing persons providing covered services;
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(6) one or more members representing a statewide nonprofit environmental organization;
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(7) one or more members representing persons that sell covered products; and
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(8) one or more members who do not represent constituency of other members.
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(b) In making appointments under paragraph (a), the commissioner may not appoint
persons who are:
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(1) current or elected Minnesota state representatives or senators; or
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(2) required to register as lobbyists under section 10A.03.
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Subd. 3.
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Terms; removal.
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Members serve for a term of four years, except that the initial
term for half or one more than half, if applicable, of the initial appointees must be two years
so that membership terms are staggered. Members may be reappointed to another term
following the end of a term. The removal of members is governed by section 15.059,
subdivision 4.
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Subd. 4.
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Quorum; voting.
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Meetings of the Covered Products Listing Review Board
must have at least a quorum of members, consisting of a majority of the appointed
membership. Recommendations of the Covered Products Listing Review Board require the
affirmative vote of a majority of the appointed membership.
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Subd. 5.
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Administrative support; facilitator.
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(a) The commissioner must provide
administrative support to the Covered Products Listing Review Board, including meeting
space and public access for meetings conducted by telephone or interactive technology. The
commissioner must ensure that all activities of the Covered Products Listing Review Board
that require public notice, such as notice of meetings, agendas and materials related to
agenda items, and minutes, are published on the agency's publicly accessible website.
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(b) The commissioner may contract for an independent facilitator for the Covered
Products Listing Review Board. If so contracted, the facilitator is not a member of the board
for purposes of quorum or voting.
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(c) The Covered Products Listing Review Board must ensure that all activities of the
Covered Products Listing Review Board that require public notice are timely provided to
the commissioner for publication.
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Subd. 6.
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Meetings.
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(a) The Covered Products Listing Review Board must meet as
necessary to meet the requirements of subdivision 7. Meetings may be scheduled at the
request of the facilitator or a majority of the appointed membership.
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(b) The Covered Products Listing Review Board is subject to chapter 13D.
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Subd. 7.
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Recommendations for covered products listings.
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(a) By July 1, 2031, and at
least every three years thereafter, or more frequently if requested by the commissioner, the
Covered Products Listing Review Board must submit a recommendation to the commissioner
to list an electronics product or a battery-containing product as a covered product according
to section 115A.1365, subdivision 7, paragraph (b), or to delist a covered product that has
been listed according to section 115A.1365, subdivision 7, paragraph (b).
new text end
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(b) Before making a recommendation according to paragraph (a), the Covered Products
Listing Review Board may consider the factors under section 115A.1365, subdivision 7,
paragraph (c), clauses (1) to (10), as well as any other information or factors determined
relevant by the Covered Products Listing Review Board.
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(c) A recommendation of the Covered Products Listing Review Board under paragraph
(a) must identify and describe in writing:
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(1) the battery-containing product or electronics product recommended for listing or
delisting;
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(2) any information provided to the Covered Products Listing Review Board;
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(3) each of the factors considered by the Covered Products Listing Review Board in
making the recommendation; and
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(4) all information related to the factors considered in clause (3).
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EFFECTIVE DATE.
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This section is effective July 1, 2026.
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Sec. 28.
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[115A.1369] DISPOSAL PROHIBITIONS; LABELING; COVERED
PRODUCT 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 product
into:
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(1) solid waste; or
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(2) a recycling container that a covered products collector has not clearly marked for
use for collecting covered products.
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(b) A person must manage a covered product that is discarded by delivering the covered
product to a covered products collection site or to a recycling facility for covered products.
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(c) Until recycled, covered products are not exempt from any applicable rules adopted
under section 116.07 for managing hazardous waste.
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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 in or into the state; or facilitate a
sale of a covered product unless the covered product is labeled to identify the manufacturer
of the covered product or the brand under which the covered product will be sold. Labeling
under this paragraph must be permanently marked on or affixed to the covered product 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 fee or requirement to create an account.
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(b) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute in or into the state; or facilitate a sale of a covered product unless:
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(1) the covered product's producer is named as a participant in a covered products
stewardship plan published under section 115A.1355, subdivision 4; or
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(2) the brand is named as covered in a covered products stewardship plan published
under section 115A.1355, subdivision 4.
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(c) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute in or into the state; or facilitate a sale of a covered product if the covered products
stewardship plan under which the covered product was covered has been terminated under
section 115A.1355, subdivision 5, until a new covered products stewardship plan is approved
under section 115A.1355, subdivision 4.
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(d) This subdivision does not apply to isolated and occasional sales of a covered product
that are not made in the normal course of business, as exempted from sales tax under section
297A.67, subdivision 23.
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(e) 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 product.
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EFFECTIVE DATE.
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This section is effective January 1, 2030.
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Sec. 29.
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
;
deleted text begin
115A.961
;
deleted text end
116.072
;
375.18, subdivision 14
;
400.04
;
400.06
;
400.07
;
400.08
;
400.16
; and
400.161
.
Sec. 30.
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.
deleted text end
new text begin
The terms used in this section have the meanings given
in sections 115A.03 and 115A.1331.
new text end
Subd. 2.
Prohibition.
deleted text begin
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.
deleted text end
new text begin
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
deleted text begin
rechargeable batteries
or
deleted text end
products powered by rechargeable batteries
new text begin
that are not easily removable from the products
new text end
is responsible for the costs of collecting and managing its
deleted text begin
waste rechargeable batteries and
waste
deleted text end
products
new text begin
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)
deleted text begin
By September 20, 1995, the
manufacturers
deleted text end
new text begin
A manufacturer under subdivision 3
new text end
or their representative organization shall
implement
new text begin
a
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permanent
deleted text begin
programs, based on the results of the pilot projects required in
Minnesota Statutes 1994, section
115A.9157
, subdivision 4,
deleted text end
new text begin
program
new text end
that may be reasonably
expected to collect 90 percent of the
deleted text begin
waste rechargeable batteries and the
deleted text end
participating
deleted text begin
manufacturers'
deleted text end
new text begin
manufacturer's
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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
deleted text end
products collected must be recycled or otherwise managed or disposed of properly.
(b) In every odd-numbered year
deleted text begin
after 1995
deleted text end
, each manufacturer or a representative
organization shall provide information to the
new text begin
commissioner and the
new text end
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
new text begin
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
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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
new text begin
, and the methodology used to calculate those amounts
new text end
. 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
new text begin
Program notice
new text end
.
A manufacturer or its representative
organization shall inform
new text begin
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
deleted text end
new text begin
implementing a program under
subdivision 5
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and immediately if they
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withdraw participation
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new text begin
stop implementing a program
new text end
.
Subd. 7.
Contracts.
A manufacturer or a representative organization of manufacturers
may contract with
deleted text begin
the state or a political subdivision
deleted text end
new text begin
any person
new text end
to provide collection services
under this section. The manufacturer or organization shall fully reimburse the
deleted text begin
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
deleted text end
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
deleted text begin
batteries and
deleted text end
products required under this section.
deleted text begin
Subd. 9.
deleted text end
deleted text begin
Exemptions.
deleted text end
deleted text begin
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.
deleted text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 31.
Minnesota Statutes 2024, section 115C.02, is amended by adding a subdivision
to read:
new text begin
Subd. 13a.
new text end
new text begin
Side-mounted fuel tank.
new text end
new text begin
(a) "Side-mounted fuel tank" means a liquid fuel
tank that is in commercial use, has a capacity of 50 gallons or more, and:
new text end
new text begin
(1) if mounted on a truck tractor, extends outboard of the vehicle frame and outside the
plain view outline of the cab; or
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new text begin
(2) if mounted on a truck, extends outboard of a line parallel to the longitudinal centerline
of the truck and tangent to the outboard side of a front tire in a straight-ahead position.
new text end
new text begin
(b) In determining whether a fuel tank on a truck or truck tractor is side-mounted, the
fill pipe is not considered a part of the tank.
new text end
Sec. 32.
Minnesota Statutes 2024, section 115C.02, subdivision 14, is amended to read:
Subd. 14.
Tank.
(a) "Tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, that is, or has been,
used to contain, dispense, or store petroleum.
(b) "Tank" does not include:
(1) mobile tanks, except for tanks in transport; or
(2) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline
Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline
Safety Act of 1979, United States Code, title 49, chapter 29.
new text begin
(c) "Tank" includes a side-mounted fuel tank.
new text end
Sec. 33.
Minnesota Statutes 2024, section 115C.09, subdivision 1, is amended to read:
Subdivision 1.
Reimbursable costs.
(a) The board shall provide reimbursement to
eligible applicants for reimbursable costs.
(b) The following costs are reimbursable for purposes of this chapter:
(1) corrective action costs incurred by the applicant and documented in a form prescribed
by the board. Corrective action costs incurred by the applicant include costs for physical
removal of a tank when the physical removal is part of a corrective action, regardless of
whether the tank is leaking at the time of removal, and the removal is directed or approved
by the commissioner;
(2) costs that the responsible person is legally obligated to pay as damages to third parties
for bodily injury, property damage, or corrective action costs incurred by a third party caused
by a release where the responsible person's liability for the costs has been established by a
court order or court-approved settlement; and
(3) up to 180 days of interest costs associated with the financing of corrective action
and incurred by the applicant in a written extension of credit or loan that has been signed
by the applicant and executed after July 1, 2002, provided that the applicant documents
that:
(i) the interest costs are incurred as a result of an extension of credit or loan from a
financial institution; and
(ii) the board has not considered the application within the applicable time frame specified
in subdivision 2a, paragraph (c).
(c) Interest costs meeting the requirements of paragraph (b), clause (3), are eligible only
when they are incurred between the date a complete initial application is received by the
board, or the date a complete supplemental application is received by the board, and the
date that the board first notifies the applicant of its reimbursement determination. An
application is complete when the information reasonably required or requested by the board's
staff from the applicant has been received by the board's staff. Interest costs are not eligible
for reimbursement to the extent they exceed two percentage points above the adjusted prime
rate charged by banks, as defined in section
270C.40, subdivision 5
, at the time the extension
of credit or loan was executed.
(d) A cost for liability to a third party is incurred by the responsible person when an
order or court-approved settlement is entered that sets forth the specific costs attributed to
the liability. Except as provided in this paragraph, reimbursement may not be made for costs
of liability to third parties until all eligible corrective action costs have been reimbursed. If
a corrective action is expected to continue in operation for more than one year after it has
been fully constructed or installed, the board may estimate the future expense of completing
the corrective action and, after subtracting this estimate from the total reimbursement
available under subdivision 3, reimburse the costs for liability to third parties. The total
reimbursement may not exceed the limit set forth in subdivision 3.
new text begin
(e) For purposes of this section, "corrective action costs incurred by the applicant" does
not include corrective action costs resulting from a release from a side-mounted fuel tank.
Corrective action costs, including staff time, cleanup costs, or damages, resulting from a
release from a side-mounted fuel tank are not reimbursable.
new text end
Sec. 34.
Minnesota Statutes 2024, section 115E.04, subdivision 2, is amended to read:
Subd. 2.
deleted text begin
Timing
deleted text end
new text begin
Updates
new text end
.
deleted text begin
(a) A person required to be prepared under section
115E.03
,
other than a person who owns or operates a motor vehicle, rolling stock, or a facility that
stores less than 250,000 gallons of oil or a hazardous substance, shall complete the response
plan required by this section by March 1, 1993, unless one of the commissioners orders the
person to demonstrate preparedness at an earlier date under section
115E.05
.
deleted text end
deleted text begin
(b) A person who owns or operates a motor vehicle, rolling stock, or a facility that stores
less than 250,000 gallons of oil or a hazardous substance shall complete the response plan
required by this section by January 1, 1994.
deleted text end
deleted text begin
(c)
deleted text end
Plans required under section
115E.04
or
115E.045
must be updated every three years.
Plans must be updated before three years following a significant discharge, upon significant
change in vessel or facility operation or ownership, upon significant change in the national
or area contingency plans under the Oil Pollution Act of 1990, or upon change in the
capabilities or role of a person named in a plan who has an important response role.
Sec. 35.
Minnesota Statutes 2024, section 115E.04, subdivision 3, is amended to read:
Subd. 3.
Notification.
(a) The commissioner of
deleted text begin
public safety
deleted text end
new text begin
the Pollution Control
Agency
new text end
must be notified when any of the following takes place:
(1) submission of the plan to the federal government;
(2) granting of exemptions or extensions of time by the federal government for submission
of the plan; or
(3) completion of the plan if submission to the federal government is not required.
(b) Notification under this subdivision must be on a form prescribed by the commissioner
of public safety and must include:
(1) a description of the facility or vessel;
(2) a description of the activities involving oil or hazardous substances;
(3) a description of the types of materials being handled, including whether agricultural
chemicals are involved; and
(4) other information required by the commissioner
new text begin
of public safety
new text end
.
(c) The commissioner of
deleted text begin
public safety shall
deleted text end
new text begin
the Pollution Control Agency must
new text end
transmit
a copy of the notification to the other commissioners as appropriate, depending on the types
of materials involved.
Sec. 36.
Minnesota Statutes 2024, section 115E.04, subdivision 4, is amended to read:
Subd. 4.
Reviewing prevention and response plan.
(a) A person required to show
specific preparedness under section
115E.03, subdivision 2
, must submit a copy of the
prevention and response plan to
new text begin
the commissioner of the Pollution Control Agency and
new text end
any
of the commissioners who request it and to an official of a political subdivision with
appropriate jurisdiction upon the official's request, or the plan and equipment and material
named in the plan may be examined upon the request of an authorized agent of a
commissioner or official.
(b) Upon the request of one or more of the commissioners, a person shall demonstrate
the adequacy of prevention and response plans and preparedness measures by conducting
announced or unannounced drills, calling persons and organizations named in a prevention
and response plan and verifying roles and capabilities, locating and testing response
equipment, questioning response personnel, or other means that in the judgment of the
requesting commissioner demonstrate preparedness. Before requesting an unannounced
drill, the requesting commissioner shall notify the other commissioners that a drill will be
requested and invite them to participate in or witness the drill. If an unannounced drill is
conducted to the satisfaction of the commissioners, the person conducting the drill may not
be required to conduct an additional unannounced drill in the same calendar year
new text begin
for the
same operation or function in that location
new text end
.
Sec. 37.
Minnesota Statutes 2024, section 115E.042, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given.
new text begin
(b) "Drill" means an operations-based exercise to validate a single operation or function.
new text end
deleted text begin
(b)
deleted text end
new text begin
(c)
new text end
"Exercise" means an activity or training to evaluate responsibilities, roles, and
response plans for the discharge of oil or hazardous substances and includes but is not
limited to
deleted text begin
walkthroughs
deleted text end
new text begin
drills
new text end
, tabletop exercises, or functional exercises.
deleted text begin
(c)
deleted text end
new text begin
(d)
new text end
"Full-scale exercise" means training activities to evaluate responsibilities, roles,
and response plans for a confirmed discharge or worst-case discharge of oil or hazardous
substances and includes utilizing, as much as practicable, the equipment, personnel, and
coordinated resources required under subdivision 4.
deleted text begin
(d)
deleted text end
new text begin
(e)
new text end
"Functional exercise" means a guided session where a simulated operational
environment trains and evaluates specific personnel, procedures, or resources on scenarios
relating to the discharge of oil or hazardous substances.
deleted text begin
(e)
deleted text end
new text begin
(f)
new text end
"Tabletop exercise" means a guided session where the discussion addresses topics,
including but not limited to the roles and responsibilities of a rail carrier and its personnel
in response to a confirmed discharge of oil or hazardous substances.
deleted text begin
(f) "Walkthrough" means drills and training designed to familiarize railroad personnel
with the response plans required under this chapter and the response requirements to a
confirmed discharge under this section.
deleted text end
Sec. 38.
Minnesota Statutes 2024, section 115E.042, subdivision 4, is amended to read:
Subd. 4.
Response capabilities; time limits.
(a) Following confirmation of a discharge,
a railroad must deliver and deploy sufficient equipment and trained personnel to (1) contain
and recover discharged oil or other hazardous substances, (2) protect the environment, and
(3) assist local public safety officials. Within 15 minutes of a rail incident involving a
confirmed discharge or release of oil or other hazardous substances, a railroad must contact
the applicable emergency manager and applicable fire department, through the local public
safety answering point, having jurisdiction along the route where the incident occurred.
After learning of the rail incident involving oil or other hazardous substances, the applicable
emergency manager and applicable fire department must, as soon as practicable, identify
and provide contact information of the responsible incident commander to the reporting
railroad.
(b) Within 15 minutes of local emergency responder arrival on the scene of a rail incident
involving oil or other hazardous substances, a railroad must assist the incident commander
to determine the nature of any hazardous substance known to have been released and
hazardous substance cargo transported on the train. Assistance must include providing
information that identifies the chemical content of the hazardous substance, contact
information for the shipper, and instructions for dealing with the release of the material. A
railroad may provide information on the hazardous substances transported on the train
through the train orders on board the train or by facsimile or electronic transmission.
(c) Within one hour of confirmation of a discharge, a railroad must provide a qualified
company representative to advise the incident commander, assist in assessing the situation,
initiate railroad response actions as needed, and provide advice and recommendations to
the incident commander regarding the response. The representative may be made available
by telephone, and must be authorized to deploy all necessary response resources of the
railroad.
(d) Within three hours of confirmation of a discharge, a railroad must be capable of
delivering monitoring equipment and a trained operator to assist in protection of responder
and public safety. A plan to ensure delivery of monitoring equipment and an operator to a
discharge site must be provided each year to the commissioner of public safety.
(e) Within three hours of confirmation of a discharge, a railroad must provide (1)
new text begin
a
new text end
qualified
deleted text begin
personnel
deleted text end
new text begin
individual
new text end
at a discharge site to assess the discharge and to advise the
incident commander, and (2) resources to assist the incident commander with ongoing public
safety and scene stabilization.
new text begin
The qualified individual must be employed by the railroad
and have authority to use resources and respond appropriately to a release.
new text end
(f) A railroad must be capable of deploying containment boom from land across sewer
outfalls, creeks, ditches, and other places where oil or other hazardous substances may drain,
in order to contain leaked material before it reaches those resources. The arrangement to
provide containment boom and staff may be made by:
(1) training and caching equipment with local jurisdictions;
(2) training and caching equipment with a fire mutual-aid group;
(3) means of an industry cooperative or mutual-aid group;
(4) deployment of a contractor;
(5) deployment of a response organization under state contract; or
(6) other dependable means acceptable to the Pollution Control Agency.
(g) Each arrangement under paragraph (f) must be confirmed each year. Each arrangement
must be tested by
deleted text begin
drill
deleted text end
new text begin
a full-scale exercise
new text end
at least once every five years.
(h) Within eight hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying containment boom, boats, oil recovery equipment, trained staff,
and all other materials needed to provide:
(1) on-site containment and recovery of a volume of oil equal to ten percent of the
calculated worst case discharge at any location along the route; and
(2) protection of listed sensitive areas and potable water intakes within one mile of a
discharge site and within eight hours of water travel time downstream in any river or stream
that the right-of-way intersects.
(i) Within 60 hours of confirmation of a discharge, a railroad must be capable of
delivering and deploying additional containment boom, boats, oil recovery equipment,
trained staff, and all other materials needed to provide containment and recovery of a worst
case discharge and to protect listed sensitive areas and potable water intakes at any location
along the route.
Sec. 39.
Minnesota Statutes 2024, section 115E.042, subdivision 5, is amended to read:
Subd. 5.
Railroad exercises.
(a) Each railroad operating unit trains in Minnesota must
conduct at least one oil containment, recovery, and sensitive area protection
deleted text begin
walkthrough
deleted text end
new text begin
drill
new text end
, tabletop exercise, or functional exercise involving oil or hazardous substances every
year. Subject to the provisions of paragraph (c), each exercise must be at a location and
time chosen by the Pollution Control Agency, and attended by safety representatives of
railroad employees governed by the Railway Labor Act. Subject to the provisions in
paragraph (d) and section
219.055, subdivision 8
, each railroad operating unit trains in
Minnesota must conduct at least one oil containment, recovery, and sensitive area full-scale
exercise every five years in coordination with the commissioner of public safety, local
emergency management organizations, local fire chiefs, and safety representatives of railroad
employees governed by the Railway Labor Act.
(b) The exercises under this subdivision must attempt to evaluate, coordinate, and improve
the emergency response plans submitted by a railroad under subdivision 3. The exercises
under this subdivision and section
219.055, subdivisions 6
, 7, and 8, must be coordinated
with exercises required by federal agencies.
(c) The commissioner of the Pollution Control Agency must consult with the Division
of Homeland Security and Emergency Management, the state fire marshal, and local
emergency management organizations in determining the railroad's annual exercise required
under this section. In determining the appropriate exercise for a rail carrier, the commissioner
must evaluate whether a rail carrier has conducted a similar exercise within the preceding
calendar year and the results from prior years' response and training. To the extent practicable,
the commissioner must alternate between requiring a
deleted text begin
walkthrough
deleted text end
new text begin
drill
new text end
, a tabletop exercise,
or a functional exercise. The exercise selected for a rail carrier must address specific
components, resources, and procedures of a response to a confirmed discharge of oil or
other hazardous substances carried by rail. The commissioner must coordinate each exercise
with exercises required by federal agencies. If an exercise selected by the commissioner is
a tabletop exercise, the commissioner may select to conduct a public safety emergency
response exercise or an incident commander response site exercise as provided in section
219.055, subdivision 6
or 7.
(d) Subject to the requirements in section
219.055, subdivision 8
, the full-scale exercise
required under paragraph (a) must include the response capability requirements and operate
under the response time limits set forth in subdivision 4. In determining the time, location,
and manner of the full-scale exercise, the commissioner of the Pollution Control Agency
must consult with the Division of Homeland Security and Emergency Management, the
state fire marshal, local units of government, local law enforcement, the fire chiefs in the
jurisdiction where the full-scale exercise will take place, and safety representatives of railroad
employees governed by the Railway Labor Act.
(e) Exercises conducted by a railroad under this section must include at least one
representative from local emergency management organizations, fire departments, and local
units of government that each have jurisdiction along the routes over which oil or hazardous
substances are transported by railroad.
Sec. 40.
Minnesota Statutes 2024, section 115E.08, subdivision 3a, is amended to read:
Subd. 3a.
Railroad preparedness; pollution control.
The Pollution Control Agency
shall carry out environmental protection activities related to railroad discharge preparedness.
Duties under this subdivision include, but are not limited to:
(1) assisting local emergency managers and fire officials in understanding the hazards
of oil and hazardous substances, as well as general strategies for containment and
environmental protection;
(2) assisting railroads to identify natural resources and sensitive areas, and to devise
strategies to contain and recover oil and hazardous substances from land and waters along
routes;
(3) facilitating cooperation between railroads for mutual aid arrangements that provide
training, staff, and equipment as required by this chapter;
(4) participating in
deleted text begin
drills
deleted text end
new text begin
exercises
new text end
and training sessions;
(5) reviewing each railroad's prevention and response plan for compliance with the
requirements of this chapter, and assessing each railroad's readiness to protect the
environment;
(6) conducting inspections and
deleted text begin
drills
deleted text end
new text begin
exercises
new text end
as necessary to determine the railroad's
compliance with the requirements of this chapter and ability to protect the environment;
(7) conducting follow-up corrective action directives, orders, and enforcement as
necessary based on a finding of inadequate environmental protection preparedness; and
(8) soliciting involvement and advice concerning preparedness activities and requirements
from safety representatives of railroad employees governed by the Railway Labor Act.
Sec. 41.
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.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective January 1, 2030.
new text end
Sec. 42.
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;
new text end
new text begin
(2) a nonrechargeable button cell battery that contains more than 25 milligrams of
mercury; or
new text end
new text begin
(3) a dry cell battery containing a mercuric oxide electrode.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective January 1, 2030.
new text end
Sec. 43.
Minnesota Statutes 2024, section 325E.1151, subdivision 1, is amended to read:
Subdivision 1.
Purchasers must return battery or pay surcharge.
(a) A person who
purchases a
new text begin
large
new text end
lead acid battery at retail, except a
new text begin
large
new text end
lead acid battery that is designed
to provide power for a boat motor that is purchased at the same time as the battery, must:
(1) return a
new text begin
large
new text end
lead acid battery to the retailer
new text begin
at the time of purchase
new text end
; or
(2) pay the retailer a surcharge of at least $10.
(b) A person who has paid a surcharge under paragraph (a) must receive a refund of the
surcharge from the retailer if the person returns a
new text begin
large
new text end
lead acid battery with a receipt for
the purchase of a new
new text begin
large lead acid
new text end
battery from that retailer within 30 days after purchasing
deleted text begin
a
deleted text end
new text begin
the
new text end
new lead acid battery.
(c) A retailer may keep the unrefunded surcharges for
new text begin
large
new text end
lead acid batteries not
returned within 30 days.
new text begin
(d) For purposes of this section, "large lead acid battery" has the meaning given in section
115A.1331.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 44.
Minnesota Statutes 2024, section 325E.1151, subdivision 2, is amended to read:
Subd. 2.
Retailers must accept batteries.
(a) A person who sells
new text begin
large
new text end
lead acid batteries
at retail
new text begin
, including for installation by the seller or any other person,
new text end
must accept
new text begin
at least five
large
new text end
lead acid batteries from
deleted text begin
consumers
deleted text end
new text begin
a consumer daily
new text end
and may not charge to receive
the
deleted text begin
lead acid
deleted text end
batteries.
deleted text begin
A consumer may not deliver more than five lead acid batteries to a
retailer at one time.
deleted text end
(b) A retailer of
new text begin
large
new text end
lead acid batteries must recycle the
new text begin
large
new text end
lead acid batteries received
from consumers.
(c) A retailer who violates paragraph (b) is guilty of a misdemeanor. Each
new text begin
large
new text end
lead
acid battery that is not recycled is a separate violation.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 45.
Minnesota Statutes 2024, section 325E.1151, subdivision 3, is amended to read:
Subd. 3.
Retailers must post notices.
(a) A person who sells
new text begin
large
new text end
lead acid batteries
at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer
making purchasing decisions.
(b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal
recycling symbol and state:
"NOTICE: USED BATTERIES
This retailer is required to accept your used
new text begin
large
new text end
lead acid batteries, EVEN IF YOU
DO NOT PURCHASE A BATTERY. When you purchase a new battery, you will
deleted text begin
be charged
an additional amount
deleted text end
new text begin
pay a surcharge
new text end
of at least $10 unless you return a used battery
new text begin
at the
time of purchase. If you return a used battery to the retailer
new text end
within 30 days
new text begin
of purchasing a
new battery, the surcharge amount will be refunded
new text end
.
It is
deleted text begin
a crime
deleted text end
new text begin
illegal
new text end
to put a
deleted text begin
motor vehicle battery
deleted text end
new text begin
batteries
new text end
in the
deleted text begin
garbage
deleted text end
new text begin
trash
new text end
."
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 46.
Minnesota Statutes 2024, section 325E.1151, is amended by adding a subdivision
to read:
new text begin
Subd. 5.
new text end
new text begin
Wholesaler duty.
new text end
new text begin
A person that sells large lead acid batteries at wholesale or
offers large lead acid batteries for sale at wholesale must accept, at the point of transfer,
large lead acid batteries from customers.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 47.
Minnesota Statutes 2024, section 325E.12, is amended to read:
325E.12 PENALTY.
Violation of sections
325E.10
to
325E.1151
is a petty misdemeanor. Sections
325E.10
to
325E.1151
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
.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 48.
Minnesota Statutes 2024, section 325E.125, subdivision 3, is amended to read:
Subd. 3.
Rechargeable
deleted text begin
tools and appliances
deleted text end
new text begin
consumer products
new text end
.
(a)
deleted text begin
A manufacturer
deleted text end
new text begin
After January 1, 2028, a person
new text end
may not sell,
new text begin
including online sales; facilitate a sale of, as
defined in section 115A.03;
new text end
distribute
deleted text begin
,
deleted text end
new text begin
;
new text end
or offer for sale in
new text begin
or into
new text end
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.
deleted text begin
(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:
deleted text end
deleted text begin
(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;
deleted text end
deleted text begin
(2) the redesign of the product to comply with the requirements would result in significant
danger to public health and safety; or
deleted text end
deleted text begin
(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.
deleted text end
deleted text begin
(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.
deleted text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 49.
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) A person
new text end
may not sell,
new text begin
including online sales; facilitate a sale of;
new text end
distribute
deleted text begin
,
deleted text end
new text begin
;
new text end
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
new text begin
that are not easily removable unless
new 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
the
new text end
manufacturer
deleted text begin
that
deleted text end
participates in the
deleted text begin
projects and programs
deleted text end
new text begin
program
new text end
required
under section
115A.9157
.
new text begin
(b) The terms used in this subdivision have the meanings given in sections 115A.03 and
115A.1331.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 50.
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. 51.
new text begin
REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber Minnesota Statutes, section 115A.03, subdivision
10b, as section 115A.03, subdivision 10e; and Minnesota Statutes, section 115A.03,
subdivision 10c, as section 115A.03, subdivision 10f.
new text end
Sec. 52.
new text begin
REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316;
115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328;
115A.1330; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, and 8; 115A.9565; and 325E.125,
subdivision 5,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3;
325E.115; 325E.1151, subdivision 4; 325E.125, subdivisions 1, 2, 2a, and 4; and 325E.1251,
subdivision 1,
new text end
new text begin
are repealed.
new text end
new text begin
EFFECTIVE DATE.
new text end
new text begin
Paragraph (a) is effective January 1, 2030. Paragraph (b) is
effective July 1, 2026.
new text end
ARTICLE 3
STATE LANDS
Section 1.
Minnesota Statutes 2024, section 84.0272, subdivision 1, is amended to read:
Subdivision 1.
Acquisition procedure.
When the commissioner of natural resources is
authorized to acquire
deleted text begin
lands or interests in lands
deleted text end
new text begin
fee title or an easement interest in land,
new text end
the
procedure set forth in this section
deleted text begin
shall apply
deleted text end
new text begin
applies
new text end
. The commissioner of natural resources
shall first prepare a fact sheet showing the lands to be acquired, the legal authority for their
acquisition, and the qualities of the land that make it a desirable acquisition. The
commissioner of natural resources shall cause the lands to be appraised. An appraiser shall
before entering upon the duties of office take and subscribe an oath to faithfully and
impartially discharge the duties as appraiser according to the best of the appraiser's ability
and that the appraiser is not interested directly or indirectly in any of the lands to be appraised
or the timber or improvements thereon or in the sale thereof and has entered into no
agreement or combination to purchase the same or any part thereof, which oath shall be
attached to the report of the appraisal. The commissioner of natural resources may pay less
than the appraised value, but shall not agree to pay more than ten percent above the appraised
value, except that if the commissioner pays less than the appraised value for a parcel of
land, the difference between the purchase price and the appraised value may be used to
apply to purchases at more than the appraised value. The sum of accumulated differences
between appraised amounts and purchases for more than the appraised amount may not
exceed the sum of accumulated differences between appraised amounts and purchases for
less than the appraised amount. New appraisals may be made at the discretion of the
commissioner of natural resources.
Sec. 2.
Minnesota Statutes 2024, section 84.0272, subdivision 2, is amended to read:
Subd. 2.
Stream easements.
(a) Notwithstanding subdivision 1, the commissioner may
acquire permanent stream easements for angler access, fish management, and habitat work
new text begin
and easements to access permanent stream easements acquired under this subdivision
new text end
for
a onetime payment based on a value attributed to
deleted text begin
both
deleted text end
the stream
deleted text begin
and
deleted text end
new text begin
,
new text end
the easement corridor
new text begin
,
and any access easement
new text end
. The payment
deleted text begin
shall equal
deleted text end
new text begin
equals
new text end
:
(1) the per linear foot of stream within the easement corridor times $5; plus
(2) the easement corridor acres times the estimated market value
deleted text begin
.
deleted text end
new text begin
; plus
new text end
new text begin
(3) the access corridor acres times the estimated market value.
new text end
(b) The estimated market value is equal to:
(1) the agricultural market value plus the rural vacant market value plus the managed
forest market value; divided by
(2) the acres of agricultural land plus the rural vacant land plus the managed forest land.
(c) The agricultural market value, rural vacant market value, and managed forest market
value or equivalent are determined from data collected by the Department of Revenue during
its annual spring mini abstract survey. If the Department of Revenue changes its property
type groups for its annual spring mini abstract survey, the agricultural market value, the
rural vacant market value, and the managed forest market value shall be determined by the
commissioner from data collected by the Department of Revenue in a manner that provides
the most reasonable substitute for the market values as presently reported. The commissioner
must use the most recent available data for the city or township within which the easement
corridor is located.
(d) The commissioner shall periodically review the easement payment rates under this
subdivision to determine whether the stream easement payments reflect current shoreland
market values. If the commissioner determines that the easements do not reflect current
shoreland market values, the commissioner shall report to the senate and house of
representatives natural resources policy committees with recommendations for changes to
this subdivision that are necessary for the stream easement payment rates to reflect current
shoreland market values. The recommendations may include an adjustment to the dollar
amount in paragraph (a), clause (1).
Sec. 3.
Minnesota Statutes 2024, section 84.96, is amended by adding a subdivision to
read:
new text begin
Subd. 10.
new text end
new text begin
Access easement.
new text end
new text begin
The commissioner may acquire easements to access native
prairie acquired under this section. The commissioner may pay the landowner or land
administrator for access easements an amount equal to or less than 50 percent of the payment
rate under subdivision 5.
new text end
Sec. 4.
new text begin
ADDITIONS TO STATE PARKS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
[85.012] [Subd. 21.] Frontenac State Park, Goodhue County.
new text end
new text begin
The
following area is added to Frontenac State Park: Lot 3, Block 1, VILLA MARIA ADDITION,
according to the recorded plat thereof, Goodhue County, Minnesota.
new text end
new text begin
Subd. 2.
new text end
new text begin
[85.012] [Subd. 24a.] Great River Bluffs State Park, Winona County.
new text end
new text begin
The
following area is added to Great River Bluffs State Park: the West Half of the Southeast
Quarter of the Northeast Quarter, Section 33, Township 106 North, Range 5 West, Winona
County, Minnesota.
new text end
Sec. 5.
new text begin
DELETION FROM STATE PARK.
new text end
new text begin
[85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs County.
The following
area is deleted from Mille Lacs Kathio State Park: that part of Government Lot 3, Section
33, Township 43 North, Range 27 West, Mille Lacs County, Minnesota, lying easterly of
the easterly right-of-way line of U.S. Trunk Highway 169. Excepting therefrom the following
described tract of land: commencing at the northwest corner of said Government Lot 3, said
corner being marked by a 2-½-inch aluminum post with brass cap (Bureau of Land
Management Monument); thence North 89 degrees 43 minutes 55 seconds East, assumed
bearing, along the north line of said Government Lot 3, a distance of 1,076.85 feet to the
point of beginning of the land to be described; thence continuing North 89 degrees 43
minutes 55 seconds East, along said north line, a distance of 40.88 feet to a ¾-inch iron rod
with disk stamped MN DNR PROPERTY; thence continuing North 89 degrees 43 minutes
55 seconds East, along said north line, a distance of 299.64 feet to a ¾-inch rebar with
plastic cap stamped MN DNR LS 47461; thence South 14 degrees 26 minutes 27 seconds
East, a distance of 170.18 feet to a ¾-inch iron rod with disk stamped MN DNR PROPERTY;
thence South 89 degrees 43 minutes 55 seconds West, a distance of 413.14 feet to a ¾-inch
iron rod; thence continuing South 89 degrees 43 minutes 55 seconds West, a distance of
10.50 feet; thence North 07 degrees 53 minutes 17 seconds East, a distance of 70.68 feet;
thence North 18 degrees 01 minute 43 seconds East, a distance of 100.09 feet to the point
of beginning.
new text end
Sec. 6.
new text begin
PUBLIC SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
BECKER COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that is described
in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in Becker County and is described as: all that
part of Government Lot 1, Section 9, Township 138 North, Range 43 West, Becker County,
Minnesota, bounded by the water's edge of Rossman Lake and the following described
lines: commencing at meander corner No. 17 located at the northwesterly corner of said
Government Lot 1; thence North 89 degrees 00 minutes 00 seconds East on an assumed
bearing 98.96 feet on and along the north line of said Section 9; thence South 10 degrees
10 minutes 30 seconds East, 233.06 feet to a point on the centerline of a township road and
the point of beginning; thence South 10 degrees 10 minutes 30 seconds East, 355.37 feet
on and along the centerline of said township road; thence South 87 degrees 05 minutes 10
seconds East, 33.46 feet to the northwesterly corner of Erickson Shores, a plat recorded in
the Office of the Register of Deeds, Becker County; thence South 87 degrees 05 minutes
10 seconds East, 443.59 feet on and along the north line of said plat to the northwesterly
corner of Lot 1 of Block 1 of said plat; thence North 58 degrees 09 minutes 38 seconds
East, 135 feet, more or less, on and along the north line of said Lot 1 of Block 1 to the
water's edge of said Rossman Lake and there terminating. And also, from the point of
beginning; thence North 88 degrees 40 minutes 54 seconds East, 263 feet, more or less, to
the water's edge of Rossman Lake and there terminating. Including all riparian rights to the
contained 4.3 acres, more or less, and subject to all existing easements.
new text end
new text begin
(d) The land borders Rossman Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be served if
the land was returned to private ownership.
new text end
Sec. 7.
new text begin
PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATER;
MILLE LACS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c) to a federally recognized Indian Tribe, subject to
the state's reservation of access and dam easements over the land described in paragraph
(c) if the state elects to reserve such easements.
new text end
new text begin
(b) The land must not be sold for less than the appraised value. The buyer must reimburse
the commissioner for all costs and expenses, including staff costs, incurred by the
commissioner in making the property salable and in selling the property. The commissioner
may make necessary changes to the legal description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is all of or a portion of the land located in Mille Lacs
County and described as: that part of Government Lot 3, Section 33, Township 43 North,
Range 27 West, Mille Lacs County, Minnesota, lying easterly of the easterly right-of-way
line of U.S. Trunk Highway 169. Excepting therefrom the following described tract of land:
commencing at the northwest corner of said Government Lot 3, said corner being marked
by a 2-½-inch aluminum post with brass cap (Bureau of Land Management Monument);
thence North 89 degrees 43 minutes 55 seconds East, assumed bearing, along the north line
of said Government Lot 3, a distance of 1,076.85 feet to the point of beginning of the land
to be described; thence continuing North 89 degrees 43 minutes 55 seconds East, along said
north line, a distance of 40.88 feet to a ¾-inch iron rod with disk stamped MN DNR
PROPERTY; thence continuing North 89 degrees 43 minutes 55 seconds East, along said
north line, a distance of 299.64 feet to a ¾-inch rebar with plastic cap stamped MN DNR
LS 47461; thence South 14 degrees 26 minutes 27 seconds East, a distance of 170.18 feet
to a ¾-inch iron rod with disk stamped MN DNR PROPERTY; thence South 89 degrees
43 minutes 55 seconds West, a distance of 413.14 feet to a ¾-inch iron rod; thence continuing
South 89 degrees 43 minutes 55 seconds West, a distance of 10.50 feet; thence North 07
degrees 53 minutes 17 seconds East, a distance of 70.68 feet; thence North 18 degrees 01
minute 43 seconds East, a distance of 100.09 feet to the point of beginning.
new text end
new text begin
(d) The land to be sold borders on Mille Lacs Lake. The Department of Natural Resources
has determined that the state's land management interests would best be served if the land
was conveyed to a federally recognized Indian Tribe.
new text end
Sec. 8.
new text begin
PRIVATE CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC
WATER; PINE COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may convey by private sale the surplus land bordering
public water that is described in paragraph (c) for no consideration, subject to the state's
reservation of an access easement over the land described in paragraph (c).
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be conveyed is located in Pine County and is described as: that
part of the West 105 feet of the West 205 feet of that part of Lot 48, Auditor's Subdivision
of Section 24, Township 41, Range 21, Pine County, Minnesota, lying South of a line
described as follows: commencing at a point on the west line of said Lot 48, 570 feet South
of the northwest corner of said lot; thence southeasterly to a point in the east line of said
Lot 48, midway between the northeast corner and the southeast corner of said lot, and lying
North of the northerly water's edge of the North Branch of the Grindstone River, including
all riparian rights.
new text end
new text begin
(d) The land borders the Grindstone River. The Department of Natural Resources has
determined that the conveyance will ensure that the private landowners have continued
access to the Grindstone River after the Grindstone River dam is removed and the channel
restored to a natural alignment.
new text end
Sec. 9.
new text begin
PRIVATE CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC
WATER; WABASHA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may convey by private sale the surplus land that is
described in paragraph (c) to the city of Elgin for no consideration.
new text end
new text begin
(b) The commissioner may make necessary changes to the legal description to correct
errors and ensure accuracy.
new text end
new text begin
(c) The land that may be conveyed is located in Wabasha County and is described as:
new text end
new text begin
(1) OUTLOT A, OUTLOT B, and OUTLOT C of WHITEWATER WAY, according
to the plat on file and of record in the Office of the County Recorder in and for Wabasha
County, Minnesota; and
new text end
new text begin
(2) that part of the West Half of the Northeast Quarter of Section 27, Township 108
North, Range 12 West, Wabasha County, Minnesota, described as follows: beginning at a
point of intersection of the north line of the south 165.00 feet of the Northwest Quarter of
the Northeast Quarter of said Section 27, with the east line of the West Half of the Northeast
Quarter of said Section 27; thence on an assumed bearing of North 89 degrees 44 minutes
01 second West, along said north line of the south 165.00 feet, a distance of 250 feet, more
or less, to the centerline of the North Fork of the White Water River; thence northeasterly
along said centerline, to a point of intersection with the east line of the West Half of the
Northeast Quarter of said Section 27; thence South 00 degrees 11 minutes 14 seconds East,
along said east line to the point of beginning.
new text end
new text begin
(d) The Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would best be
served if the land was conveyed to and used by the city of Elgin for nonmotorized public
recreation and public fishing access.
new text end
new text begin
(e) The conveyance must provide that the lands revert to the state if the city of Elgin:
new text end
new text begin
(1) fails to provide the public use intended on the property;
new text end
new text begin
(2) without the written approval of the commissioner, allows a public use other than the
public use agreed to by the commissioner at the time of conveyance; or
new text end
new text begin
(3) abandons the public use of the property.
new text end
new text begin
(f) The commissioner must require that the city of Elgin reimburse the commissioner
for all costs and expenses, including staff costs, incurred by the commissioner in making
the property salable and in conveying the property.
new text end
Sec. 10.
new text begin
EFFECTIVE DATE.
new text end
new text begin
Sections 4 to 9 are effective the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-08030
115A.1310 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections
115A.1310
to
115A.1330
, the following terms have the meanings given.
Subd. 2.
Cathode-ray tube or CRT.
"Cathode-ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.
Subd. 3.
Collection.
"Collection" means the aggregation of covered electronic devices from households and includes all the activities up to the time the covered electronic devices are delivered to a recycler.
Subd. 4.
Collector.
"Collector" means a public or private entity that receives covered electronic devices from households and arranges for the delivery of the devices to a recycler.
Subd. 5.
Computer.
"Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device.
Subd. 6.
Computer monitor.
"Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a central processing unit or the Internet.
Subd. 7.
Covered electronic device.
"Covered electronic device" means computers, including tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices that are sold to a household by means of retail, wholesale, or electronic commerce.
Subd. 8.
Department.
"Department" means the Department of Revenue.
Subd. 9.
Dwelling unit.
"Dwelling unit" has the meaning given in section
238.02
, subdivision 21a.
Subd. 10.
Household.
"Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a video display device at a dwelling unit primarily for personal use.
Subd. 11.
Manufacturer.
"Manufacturer" means a person who:
(1) manufactures video display devices to be sold under its own brand as identified by its own brand label; or
(2) sells video display devices manufactured by others under its own brand as identified by its own brand label.
Subd. 12.
Peripheral.
"Peripheral" means a keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.
Subd. 12a.
Phase I recycling credits.
"Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle.
Subd. 12b.
Phase II recycling credits.
"Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and in each program year thereafter, according to the formula (1.5 x A) - (B - C), where:
A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the 11-county metropolitan area, as defined in section
115A.1314, subdivision 2
;
B = the manufacturer's recycling obligation calculated for the same program year in section
115A.1320, subdivision 1
, paragraph (g); and
C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the 11-county metropolitan area.
Subd. 12c.
Portable battery.
"Portable battery" means a rechargeable battery as defined in section
115A.9157
.
Subd. 13.
Program year.
"Program year" means the period from July 1 through June 30.
Subd. 14.
Recycler.
"Recycler" means a public or private individual or entity who accepts covered electronic devices from households and collectors for the purpose of recycling. A manufacturer who takes products for refurbishment or repair is not a recycler.
Subd. 15.
Recycling.
"Recycling" means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of usable materials followed by delivery of such materials for use. Recycling does not include the destruction by incineration or other process or land disposal of recyclable materials nor reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for households in their original form.
Subd. 17.
Retailer.
"Retailer" means a person who sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display device to a household and not for resale in any form.
Subd. 18.
Sell or sale.
"Sell" or "sale" means any transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside of the state, by a person who conducts the transaction and controls the delivery of a video display device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale transaction with a distributor or a retailer.
Subd. 19.
Television.
"Television" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to receive video programming via broadcast, cable, or satellite transmission or video from surveillance or other similar cameras.
Subd. 20.
Video display device.
"Video display device" means a television or computer monitor that contains a cathode-ray tube or a flat panel screen that is marketed by manufacturers for use by households. Video display device does not include any of the following:
(1) a video display device that is part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(2) a video display device, including a touch-screen display, that is functionally or physically part of a larger piece of equipment or is designed and intended for use in an industrial; commercial, including retail; library checkout; traffic control; kiosk; security, other than household security; border control; or medical setting, including diagnostic, monitoring, or control equipment;
(3) a video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
(4) a telephone of any type.
115A.1312 REGISTRATION PROGRAM.
Subdivision 1.
Requirements for sale.
(a) On or after September 1, 2007, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:
(1) the video display device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and
(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.
(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.
(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the video display device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation.
Subd. 2.
Manufacturer registration.
(a) By August 15 each year, a manufacturer of video display devices sold or offered for sale to households in the state must submit a registration to the agency that includes:
(1) a list of the manufacturer's brands of video display devices offered for sale in this state;
(2) the name, address, and contact information of a person responsible for ensuring compliance with this chapter; and
(3) a certification that the manufacturer has complied and will continue to comply with the requirements of sections
115A.1312
to
115A.1318
.
(b) A manufacturer of video display devices sold or offered for sale to a household must include in the registration submitted under paragraph (a), a statement disclosing whether:
(1) any video display devices sold to households exceed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European Parliament and Council and any amendments thereto; or
(2) the manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS Directive that has been approved and published by the European Commission.
(c) A manufacturer who begins to sell or offer for sale video display devices to households after August 15, 2016, and has not filed a registration under this subdivision must submit a registration to the agency within ten days of beginning to sell or offer for sale video display devices to households.
(d) A registration must be updated within ten days after a change in the manufacturer's brands of video display devices sold or offered for sale to households.
(e) A registration is effective upon receipt by the agency and is valid until August 15 each year.
(f) The agency must review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. Within 30 days of receipt of a notification from the agency, the manufacturer must submit a revised registration providing the information noted by the agency.
(g) The agency must maintain on its website the names of manufacturers and the manufacturers' brands listed in registrations filed with the agency. The agency must update the website information promptly upon receipt of a new or updated registration. The website must contain prominent language stating, in effect, that sections
115A.1310
to
115A.1330
are directed at household equipment and the manufacturers' brands list is, therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of sections
115A.1310
to
115A.1330
.
Subd. 3.
Collector registration.
No person may operate as a collector of covered electronic devices from households unless that person has submitted a registration with the agency by July 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of the business and a certification that the collector has complied and will continue to comply with the requirements of sections
115A.1312
to
115A.1318
and any regulations adopted by a local government unit for the jurisdiction in which the collector operates. A collector must indicate any end-of-life fees that will be charged at the collection point. A registration is effective upon receipt by the agency and is valid until July 15 each year.
Subd. 4.
Recycler registration.
No person may recycle video display devices generated by households unless that person has submitted a registration with the agency by July 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive covered electronic devices from households and a certification that the recycler has complied and will continue to comply with the requirements of sections
115A.1312
to
115A.1318
. A registered recycler must conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until July 15 each year.
115A.1314 MANUFACTURER REGISTRATION FEE.
Subdivision 1.
Registration fee.
(a) Each manufacturer who registers under section
115A.1312
must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue must deposit the fee in the state treasury and credit the fee to the environmental fund.
(b) The registration fee for manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year is $2,500, plus a variable recycling fee. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:
[A - (B + C)] x D, where:
A = the manufacturer's recycling obligation as determined under section
115A.1320
;
B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section
115A.1316, subdivision 1
;
C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and
D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.
(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section
115A.1320
. The petition must include:
(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section
115A.1320
;
(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;
(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;
(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section
115A.1320
; and
(5) any other information requested by the agency.
(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or in part, to the actual value of C, as reported under section
115A.1316, subdivision 2
, during any succeeding program year, provided that no more than 25 percent of a manufacturer's recycling obligation A for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.
(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.
Subd. 2.
Use of registration fees.
(a) Registration fees may be used by the commissioner for:
(1) implementing sections
115A.1312
to
115A.1330
, including transfer to the commissioner of revenue to carry out the department's duties under section
115A.1320, subdivision 2
, and transfer to the commissioner of administration for responsibilities under section
115A.1324
; and
(2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and to private entities that collect for recycling covered electronic devices in counties outside the 11-county metropolitan area, where the collection and recycling is consistent with the respective county's solid waste plan, for the purpose of carrying out the activities under sections
115A.1312
to
115A.1330
. In awarding competitive grants under this clause, the commissioner must give preference to counties and private entities that are working cooperatively with manufacturers to help them meet their recycling obligations under section
115A.1318, subdivision 1
.
(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
115A.1316 REPORTING REQUIREMENTS.
Subdivision 1.
Manufacturer reporting requirements.
(a) By March 1 each year, each manufacturer must report to the agency using the form prescribed:
(1) the total weight of each specific model of its video display devices sold to households during the previous calendar year; and
(2) either:
(i) the total weight of its video display devices sold to households during the previous calendar year; or
(ii) an estimate of the total weight of its video display devices sold to households during the previous calendar year, calculated by multiplying the weight of its video display devices sold nationally times the quotient of Minnesota's population divided by the national population. All manufacturers with sales of 99 or fewer video display devices to households in the state during the previous calendar year must report using the method under this item for calculating sales.
A manufacturer must submit with the report required under this paragraph a description of how the information or estimate was calculated.
(b) By August 15 each year, each manufacturer must report to the agency:
(1) the total weight of covered electronic devices the manufacturer collected from households and recycled or arranged to have collected and recycled during the preceding program year;
(2) the number of phase I and phase II recycling credits the manufacturer has purchased and sold during the preceding program year;
(3) the number of phase I and phase II recycling credits possessed by the manufacturer that the manufacturer elects to use in the calculation of its variable recycling fee under section
115A.1314, subdivision 1
; and
(4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning of the current program year.
(c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.
Subd. 2.
Recycler reporting requirements.
(a) By July 15 each year, a recycler of covered electronic devices must report to the agency:
(1) the total weight of covered electronic devices recycled during the preceding program year and must certify that the recycler has complied with section
115A.1318, subdivision 2
;
(2) the weight of video display devices recycled as part of covered electronic devices recycled during the previous program year; and
(3) an estimate of the weight of portable batteries and any mercury-containing lamps that are associated with the covered electronic devices managed.
(b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report to the commissioner of revenue.
Subd. 3.
Collector reporting requirements.
By July 15 each year, a collector must report separately to the agency using the form prescribed by the commissioner:
(1) the total pounds of covered electronic devices collected in the state;
(2) a list of all recyclers to whom collectors delivered covered electronic devices; and
(3) whether the collector had a contract with a recycler or manufacturer to provide pounds toward meeting a manufacturer's obligation.
115A.1318 RESPONSIBILITIES.
Subdivision 1.
Manufacturer responsibilities.
(a) In addition to fulfilling the requirements of sections
115A.1310
to
115A.1330
, a manufacturer must comply with paragraphs (b) to (f).
(b) A manufacturer must annually recycle or arrange for the collection and recycling of an amount of video display devices as determined by the agency in section
115A.1320, subdivision 1
. A manufacturer must assume all financial responsibility associated with transporting and recycling covered electronic devices that are used to meet the manufacturer's recycling obligation determined under section
115A.1320
or that are counted as phase I or II recycling credits, including any necessary supplies. This excludes costs that are associated with receiving and aggregating covered electronic devices from households and all the activities up to the time that covered electronic devices are loaded for transport to a recycler or arranged for transportation to a recycler.
(c) The obligations of a manufacturer apply only to video display devices received from households and do not apply to video display devices received from sources other than households.
(d) A manufacturer must conduct and document due diligence assessments of collectors and recyclers it contracts with, including an assessment of items specified under subdivision 2. A manufacturer is responsible for maintaining, for a period of three years, documentation that all covered electronic devices recycled, partially recycled, or sent to downstream recycling operations comply with the requirements of subdivision 2.
(e) A manufacturer must provide the agency with contact information for a person who can be contacted regarding the manufacturer's activities under sections
115A.1310
to
115A.1320
.
(f) Only the covered electronic devices that are recycled by a registered recycler that is certified by an ANSI-ASQ National Accreditation Board-accredited third-party certification body to an environmentally sound management standard are eligible to meet the manufacturer's obligation.
Subd. 1a.
Collector responsibilities.
(a) Collection sites must be:
(1) staffed; and
(2) open to the public at a frequency adequate to meet the needs of the area being served.
(b) A collector may limit the number of covered electronic devices or covered electronic devices by product type accepted per customer per day or per delivery at a collection site or service.
(c) A collector must use only registered recyclers.
Subd. 2.
Recycler responsibilities.
(a) As part of the report submitted under section
115A.1316, subdivision 2
, a recycler must certify, except as provided in paragraph (b), that facilities that recycle covered electronic devices, including all downstream recycling operations:
(1) use only registered collectors;
(2) comply with all applicable health, environmental, safety, and financial responsibility regulations;
(3) are licensed by all applicable governmental authorities;
(4) use no prison labor to recycle video display devices;
(5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents, and other emergencies;
(6) provide a report annually to each registered collector regarding the video display devices received from that entity; and
(7) do not charge collectors for transporting, recycling, or any necessary supplies related to transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation as determined under section
115A.1320
, unless otherwise mutually agreed upon.
(b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).
(c) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a covered electronic device if an information storage device is included in the covered electronic device.
Subd. 3.
Retailer responsibilities.
A retailer who sells new video display devices shall provide information to households describing where and how they may recycle video display devices and advising them of opportunities and locations for the convenient collection of video display devices for the purpose of recycling. This requirement may be met by providing to households the agency's toll-free number and website address. Retailers selling through catalogs or the Internet may meet this requirement by including the information in a prominent location on the retailer's website.
115A.1320 AGENCY AND DEPARTMENT DUTIES.
Subdivision 1.
Duties of agency.
(a) The agency shall administer sections
115A.1310
to
115A.1330
.
(b) The agency shall establish procedures for:
(1) receipt and maintenance of the registration statements and certifications filed with the agency under section
115A.1312
; and
(2) making the statements and certifications easily available to manufacturers, retailers, and members of the public.
(c) The agency shall annually review the following variables that are used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1
:
(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);
(2) the estimated per-pound price of recycling covered electronic devices sold to households; and
(3) the base registration fee.
(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections
115A.1312
to
115A.1330
, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.
(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display device waste that is the weight of all video display devices collected for recycling during each of the three most recently completed program years, excluding the most recently concluded program year, divided by two.
(f) By May 1 each year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the agency under section
115A.1316, subdivision 1
.
(g) By May 1 each year, the agency shall provide each manufacturer with a determination of the manufacturer's share of video display devices to be collected and recycled. A manufacturer's market share of video display devices as specified in paragraph (f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's recycling obligation. Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.
(h) The agency shall provide a report to the governor and the legislature on the implementation of sections
115A.1310
to
115A.1330
. For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under section
115A.1316
. The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state. The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g). The report must include a description of enforcement actions under sections
115A.1310
to
115A.1330
. The agency may include in its report other information received by the agency regarding the implementation of sections
115A.1312
to
115A.1330
. The report must be done in conjunction with the report required under section
115A.121
.
(i) The agency shall promote public participation in the activities regulated under sections
115A.1312
to
115A.1330
through public education and outreach efforts.
(j) The agency shall enforce sections
115A.1310
to
115A.1330
in the manner provided by sections
115.071, subdivisions 1
, 3, 4, 5, and 6; and
116.072
, except for those provisions enforced by the department, as provided in subdivision 2. The agency may revoke a registration of a collector or recycler found to have violated sections
115A.1310
to
115A.1330
.
(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.
(l) The agency shall post on its website the contact information provided by each manufacturer under section
115A.1318, subdivision 1
, paragraph (e).
Subd. 2.
Additional duties.
(a) The agency must collect the data submitted to it annually by each manufacturer on the total weight of each specific model of video display device sold to households, if provided; the total weight of video display devices sold to households; the total weight of covered electronic devices collected from households that are recycled; and data on phase I and phase II recycling credits, as required under section
115A.1316
. The department must use this data to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately.
(b) The agency must estimate, for each registered manufacturer, the sales of video display devices to households during the previous program year, based on:
(1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or
(2) if a manufacturer does not provide the data specified in clause (1), national data on sales of video display devices.
The department must use the data specified in this subdivision to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately according to the formula in section
115A.1314, subdivision 1
.
(c) The department must enforce section
115A.1314, subdivision 1
. The audit, assessment, appeal, collection, enforcement, disclosure, and other administrative provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under chapter 297A apply to the fee imposed under section
115A.1314, subdivision 1
. To enforce section
115A.1314, subdivision 1
, the commissioner of revenue may grant extensions to pay, and impose and abate penalties and interest on, the fee due under section
115A.1314
, subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a tax imposed under chapter 297A.
(d) The department may disclose nonpublic data to the agency only when necessary for the efficient and effective administration of the activities regulated under sections 115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the classification it had when in the possession of the department.
115A.1322 OTHER RECYCLING PROGRAMS.
A city, county, or other public agency may not require households to use public facilities to recycle their covered electronic devices to the exclusion of other lawful programs available. Cities, counties, and other public agencies, including those awarded contracts by the agency under section
115A.1314, subdivision 2
, are encouraged to work with manufacturers to assist them in meeting their recycling obligations under section
115A.1318, subdivision 1
. Nothing in sections
115A.1310
to
115A.1330
prohibits or restricts the operation of any program recycling covered electronic devices in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling covered electronic devices, provided that those persons are registered under section
115A.1312
.
115A.1323 ANTICOMPETITIVE CONDUCT.
(a) A manufacturer that organizes collection or recycling under sections
115A.1310
to
115A.1322
is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection or recycling system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
(b) An organization of manufacturers, an individual manufacturer, and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.
(a) The Department of Administration must ensure that acquisitions of video display devices under chapter 16C are in compliance with or not subject to sections
115A.1310
to
115A.1318
.
(b) The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with paragraph (a) and sections
115A.1310
to
115A.1318
.
(c) Any person awarded a contract under chapter 16C for purchase or lease of video display devices that is found to be in violation of paragraph (a) or sections
115A.1310
to
115A.1318
is subject to the following sanctions:
(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;
(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part
1230.1150
; and
(3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating paragraph (a) or sections
115A.1310
to
115A.1318
, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit.
115A.1326 REGULATING VIDEO DISPLAY DEVICES.
If the United States Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video display device being recycled, those regulations are automatically effective in this state on the same date and supersede any rules previously adopted by the agency regarding the handling, storage, or treatment of all video display devices being recycled.
115A.1328 MULTISTATE IMPLEMENTATION.
The agency and department are authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.
115A.1330 LIMITATIONS.
Sections
115A.1310
to
115A.1330
expire if a federal law, or combination of federal laws, take effect that is applicable to all video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households.
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.9157 RECHARGEABLE BATTERIES AND PRODUCTS.
Subdivision 1.
Definition.
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.
Subd. 2.
Prohibition.
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.
Subd. 3.
Collection and management costs.
A manufacturer of rechargeable batteries or products powered by rechargeable batteries is responsible for the costs of collecting and managing its waste rechargeable batteries and waste products to ensure that the batteries are not part of the solid waste stream.
Subd. 5.
Collection and management programs.
(a) By September 20, 1995, the manufacturers or their representative organization shall implement permanent programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section
115A.9157
, subdivision 4, that may be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating manufacturers' products powered by rechargeable batteries that are generated in the state. The batteries and products collected must be recycled or otherwise managed or disposed of properly.
(b) In every odd-numbered year after 1995, each manufacturer or a representative organization shall provide information to the 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 rechargeable batteries subject to this section sold in the state by each manufacturer and the amount of batteries each collected during the previous two years. A representative organization may report the amounts in aggregate for all the members of the organization.
Subd. 6.
List of participants.
A manufacturer or its representative organization shall inform the committees listed in subdivision 5 when they begin participating in the projects and programs and immediately if they withdraw participation.
Subd. 7.
Contracts.
A manufacturer or a representative organization of manufacturers may contract with the state or a political subdivision to provide collection services under this section. The manufacturer or organization shall fully reimburse the state or political subdivision 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 projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries 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 batteries and products required under this section.
115A.9565 CATHODE-RAY TUBE PROHIBITION.
Effective July 1, 2006, a person may not place in mixed municipal solid waste an electronic product containing a cathode-ray tube.
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.115 LEAD ACID BATTERIES; COLLECTION FOR RECYCLING.
Subdivision 1.
Surcharge; collection; notice.
(a) A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in this state shall:
(1) accept, at the point of transfer, lead acid batteries from customers;
(2) charge a fee of at least $10 per battery sold unless the customer returns a used battery to the retailer; and
(3) post written notice in accordance with section
325E.1151
.
(b) Any person selling lead acid batteries at wholesale or offering lead acid batteries for sale at wholesale must accept, at the point of transfer, lead acid batteries from customers.
Subd. 2.
Compliance; management.
The commissioner of the Pollution Control Agency shall inform persons governed by subdivision 1 of requirements for managing lead acid batteries.
325E.1151 LEAD ACID BATTERY PURCHASE AND RETURN.
Subd. 4.
Notices required in newspaper advertisements.
(a) An advertisement for sale of new lead acid batteries at retail in newspapers published in this state must contain the notice in paragraph (b).
(b) The notice must state:
"At least $10 additional charge unless a used lead acid battery is returned. Improper disposal of a lead acid battery is a crime."
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. 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.
Subd. 5.
Prohibitions.
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
may not sell, distribute, or offer for sale in this state rechargeable batteries or products powered by rechargeable batteries after January 1, 1992.
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 manufacturer that participates in the projects and programs required under section
115A.9157
.
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 $100 per violation.
Repealed Minnesota Session Laws: 26-08030
Laws 2024, chapter 127, article 53, section 6
Sec. 6.
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DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
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$
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-0-
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$
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5,000,000
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Cedar Riverside Recreation Center.
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$5,000,000 in fiscal year 2025 is for a payment to the Minneapolis Park and Recreation Board for the design, development, and construction of the new Cedar Riverside Recreation Center to serve the largest immigrant population center in the state. This is a onetime appropriation available until June 30, 2028.
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