HF 2266

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; placing a mandatory 
  1.3             deposit on all beverage containers; establishing 
  1.4             redemption centers; requiring a report; appropriating 
  1.5             money; providing penalties; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 116F. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS.] 
  1.9      The legislature hereby finds that waste composed of 
  1.10  beverage containers is a growing problem of the state concern.  
  1.11  Beverage containers produce an unsightly accumulation of litter, 
  1.12  which must be disposed of at increasing public expense, as well 
  1.13  as unnecessary additions to the state's and municipalities' 
  1.14  already overburdened solid waste and refuse disposal systems.  
  1.15  Further, the legislature finds that the discard of beverage 
  1.16  containers constitutes a waste of both mineral and energy 
  1.17  resources.  The legislature hereby finds that requiring a 
  1.18  deposit on all beverage containers, along with certain other 
  1.19  facilitating measures, will provide a necessary incentive for 
  1.20  the economically efficient and environmentally benign collection 
  1.21  and recycling of such containers. 
  1.22     Sec. 2.  [PURPOSES.] 
  1.23     The purposes of this act are to: 
  1.24     (1) provide an opportunity for each individual to recycle 
  1.25  waste materials; 
  1.26     (2) reduce the amount of solid waste generated and disposed 
  2.1   in the state; 
  2.2      (3) increase the rate of recycling of waste materials; 
  2.3      (4) develop markets for recycled materials; and 
  2.4      (5) inform the public of recycling opportunities. 
  2.5      Sec. 3.  [116F.40] [DEFINITIONS.] 
  2.6      Subdivision 1.  [SCOPE.] As used in sections 116F.40 to 
  2.7   116F.46, the terms defined in this section have the meanings 
  2.8   given to them. 
  2.9      Subd. 2.  [AGENCY.] "Agency" means the Minnesota pollution 
  2.10  control agency. 
  2.11     Subd. 3.  [BEVERAGE.] "Beverage" means a soft drink, soda 
  2.12  water, carbonated natural or mineral water, or other 
  2.13  nonalcoholic carbonated drink; beer, ale, or other malt 
  2.14  beverage; or a mixed wine, or spirit drink. 
  2.15     Subd. 4.  [BEVERAGE CONTAINER.] "Beverage container" means 
  2.16  an individual, hermetically sealed glass, metal or plastic 
  2.17  bottle, can, jar, or carton used for the purpose of containing a 
  2.18  beverage. 
  2.19     Subd. 5.  [CLEAN.] "Clean" means a beverage container, upon 
  2.20  its return for refund, containing only the residue of the 
  2.21  beverage that it originally contained and not covered with nor 
  2.22  containing any visible dirt, soil, or foreign matter. 
  2.23     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
  2.24  commissioner of the Minnesota pollution control agency. 
  2.25     Subd. 7.  [CONSUMER.] "Consumer" means the person who buys 
  2.26  a filled nonrefillable beverage container from a retailer. 
  2.27     Subd. 8.  [DEPOSIT.] "Deposit" means a sum of money which 
  2.28  is added to the price of each beverage container and refunded to 
  2.29  the bearer when the empty container is returned. 
  2.30     Subd. 9.  [DISTRIBUTOR.] "Distributor" means any person, 
  2.31  firm, or corporation which bottles, cans, or otherwise fills or 
  2.32  packages beverage containers, or which engages in the sale of 
  2.33  such containers to a retailer. 
  2.34     Subd. 10.  [HANDLING FEE.] "Handling fee" means the amount 
  2.35  paid to the operator of a redemption center. 
  2.36     Subd. 11.  [PLACE OF BUSINESS.] "Place of business" means 
  3.1   the location at which a retailer sells or offers for sale 
  3.2   beverages in beverage containers to consumers. 
  3.3      Subd. 12.  [PLASTIC.] "Plastic" means any material made of 
  3.4   polymeric organic compounds and adhesives that can be shaped by 
  3.5   flow. 
  3.6      Subd. 13.  [PLASTIC BOTTLE.] "Plastic bottle" means a 
  3.7   plastic container that has a neck that is smaller than the body 
  3.8   of the container, accepts a screw type, snap cap, or other 
  3.9   closure that has a capacity of 17 fluid ounces or more, but less 
  3.10  than five gallons. 
  3.11     Subd. 14.  [REDEMPTION.] "Redemption" means the return to a 
  3.12  redemption center of an empty beverage container for a refund of 
  3.13  at least the refund value. 
  3.14     Subd. 15.  [REDEMPTION CENTER.] "Redemption center" means 
  3.15  any establishment offering to pay the refund value of a beverage 
  3.16  container.  
  3.17     Subd. 16.  [REFUND.] "Refund" means the sum, equal to the 
  3.18  deposit, that is given to the consumer in exchange for empty 
  3.19  returnable beverage containers. 
  3.20     Subd. 17.  [RETAILER.] "Retailer" means any person, 
  3.21  partnership, firm, corporation, or association, foreign or 
  3.22  domestic, selling any commodity, article, good, wares, or 
  3.23  merchandise to the consumer and not for the purpose of resale in 
  3.24  any form. 
  3.25     Subd. 18.  [SALE.] "Sale" means the act of selling or 
  3.26  offering to sell. 
  3.27     Subd. 19.  [WITHIN THIS STATE.] "Within this state" means 
  3.28  within the exterior limits of the state of Minnesota, and 
  3.29  includes the territory within these limits owned or ceded to the 
  3.30  United States of America. 
  3.31     Sec. 4.  [116F.41] [REFUND VALUE.] 
  3.32     Subdivision 1.  [CONSUMER REFUND VALUE.] (a) Every beverage 
  3.33  container offered for sale in this state shall have a refund 
  3.34  value of not less than five cents. 
  3.35     (b) Each such container shall have the refund value clearly 
  3.36  indicated thereon, as provided in section 116F.42. 
  4.1      (c) A deposit of not less than five cents shall be paid by 
  4.2   the consumer on each beverage container sold at the retail 
  4.3   level, and refunded to the consumer upon return of the empty 
  4.4   beverage container to a redemption center. 
  4.5      Subd. 2.  [HANDLING FEES.] (a) In addition to the refund 
  4.6   value provided in subdivision 1, a person operating a redemption 
  4.7   center shall be reimbursed by the distributor a value of not 
  4.8   less than two cents for each empty beverage container. 
  4.9      (b) Surplus funds amassed from the handling fees shall be 
  4.10  placed into the fund established in section 116F.45. 
  4.11     Sec. 5.  [116F.42] [BEVERAGE CONTAINER REQUIREMENTS.] 
  4.12     (a) Every beverage container sold or offered for sale in 
  4.13  this state shall clearly indicate by permanent marking or 
  4.14  embossing by the distributor the refund value of the container 
  4.15  and the words "Minnesota," or the abbreviation "MN." 
  4.16     (b) No distributor or dealer shall sell or offer for sale 
  4.17  in this state beverage containers that do not display the 
  4.18  required markings specified in paragraph (a). 
  4.19     Sec. 6.  [116F.43] [REFUSAL OR ACCEPTANCE.] 
  4.20     Subdivision 1.  [ACCEPTANCE.] A redemption center shall 
  4.21  accept and pay the refund value for any clean beverage container 
  4.22  bearing the appropriate markings as specified in section 116F.42.
  4.23     Subd. 2.  [REFUSAL.] (a) A redemption center may refuse any 
  4.24  beverage container lacking the appropriate refund markings as 
  4.25  specified in section 116F.42. 
  4.26     (b) A redemption center may refuse any broken bottle, 
  4.27  corroded or dismembered can, or any beverage container not 
  4.28  deemed to be clean, as defined in section 116F.40. 
  4.29     (c) A redemption center may refuse any beverage container 
  4.30  bearing markings that appear to have been forged.  A consumer is 
  4.31  subject to penalties under section 116F.46 for forgery of 
  4.32  beverage container markings. 
  4.33     Sec. 7.  [116F.44] [REDEMPTION CENTERS.] 
  4.34     (a) Redemption centers must be easily accessible to a 
  4.35  maximum number of citizens of this state. 
  4.36     (b) The commissioner shall approve a redemption center if 
  5.1   the commissioner finds that the redemption center will provide a 
  5.2   convenient service to consumers for the return of empty beverage 
  5.3   containers. 
  5.4      (c) The commissioner reserves the right to review the 
  5.5   approval of a redemption center at any time. 
  5.6      (d) Redemption centers must be located in structures that 
  5.7   provide adequate space, heating and cooling capabilities, and 
  5.8   which are easily maintained. 
  5.9      Sec. 8.  [116F.45] [RECYCLING INITIATIVES FUND.] 
  5.10     Subdivision 1.  [CREATION.] (a) The recycling initiatives 
  5.11  fund is established as a separate fund administered by the 
  5.12  department of finance. 
  5.13     (b) The fund consists of the accumulated sum of the 
  5.14  handling fees established in section 116F.41, subdivision 2, the 
  5.15  penalties established in section 116F.46, and interest earned on 
  5.16  fund assets. 
  5.17     Subd. 2.  [SPENDING AND PURPOSES.] Money in the fund may be 
  5.18  spent for: 
  5.19     (1) the payment of refunds to consumers; 
  5.20     (2) maintenance of redemption centers; 
  5.21     (3) recycling and waste reduction projects including public 
  5.22  education, planning, technical assistance, and market 
  5.23  development; 
  5.24     (4) capital assistance for establishing private and public 
  5.25  intermediate processing facilities for recyclable materials; or 
  5.26     (5) reimbursement to the agency for the costs of 
  5.27  implementing and administering sections 116F.40 to 116F.46. 
  5.28     Sec. 9.  [116F.46] [PENALTIES AND ENFORCEMENT.] 
  5.29     (a) Forgery of beverage container markings is a misdemeanor.
  5.30     (b) Each separate container forged constitutes a separate 
  5.31  offense.  
  5.32     Sec. 10.  [REPORT.] 
  5.33     The commissioner of the Minnesota pollution control agency 
  5.34  shall file an annual report to the legislature under Minnesota 
  5.35  Statutes, section 3.195, by January 1 of each year, that 
  5.36  describes the effects of this act on waste and litter in 
  6.1   Minnesota. 
  6.2      Sec. 11.  [EFFECTIVE DATE.] 
  6.3      Sections 1 to 10 are effective July 1, 2002.