HF 3677

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; requiring manufacturers of fluorescent or high-intensity
discharge lamps to organize collection and recycling programs for household
generators; providing civil penalties; appropriating money; amending Minnesota
Statutes 2006, section 13.7411, subdivision 4; Minnesota Statutes 2007
Supplement, section 216B.241, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapter 115A.

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

Section 1.

Minnesota Statutes 2006, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) new text begin Fluorescent or high-intensity discharge lamps. new text end new text begin
Data received and maintained by the commissioner of the Pollution Control Agency under
sections 115A.1364 and 115A.1366 are classified under those sections.
new text end

new text begin (b) new text end Transfer station data. Data received by a county or district from a transfer
station under section 115A.84, subdivision 5, are classified under that section.

deleted text begin (b) deleted text end new text begin (c) new text end Solid waste records. Records of solid waste facilities received, inspected,
or copied by a county pursuant to section 115A.882 are classified pursuant to section
115A.882, subdivision 3.

deleted text begin (c) deleted text end new text begin (d) new text end Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [115A.1360] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 115A.1360 to 115A.1369, the
following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Collector. new text end

new text begin "Collector" means a public or private entity that receives
fluorescent or high-intensity discharge lamps and arranges for their transportation and
delivery to a lamp recycling facility.
new text end

new text begin Subd. 3. new text end

new text begin Fluorescent or high-intensity discharge lamp. new text end

new text begin "Fluorescent or
high-intensity discharge lamp" means a fluorescent or high-intensity discharge lamp sold
to or generated by a household in this state.
new text end

new text begin Subd. 4. new text end

new text begin Lamp recycling facility. new text end

new text begin "Lamp recycling facility" has the meaning given
in section 116.93, subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means a person who:
new text end

new text begin (1) manufactures fluorescent or high-intensity discharge lamps to be sold under its
own brand as identified by its own brand label; or
new text end

new text begin (2) sells fluorescent or high-intensity discharge lamps manufactured by others under
its own brand as identified by its own brand label.
new text end

new text begin Subd. 6. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a persons who sells a fluorescent or
high-intensity discharge lamp to a household.
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. 3.

new text begin [115A.1361] REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for sale. new text end

new text begin (a) On or after September 1, 2008, a
manufacturer must not sell or offer for sale in this state or deliver to a retailer for
subsequent sale in this state a fluorescent or high-intensity discharge lamp unless the
manufacturer has filed a registration with the agency, as specified in subdivision 2.
new text end

new text begin (b) On or after February 1, 2009, a retailer who sells or offers for sale a fluorescent or
high-intensity discharge lamp in this state must, before the initial offer for sale, review the
agency Web site specified in subdivision 2, paragraph (f), to determine that all fluorescent
or high-intensity discharge lamps that the retailer is offering for sale are labeled with the
manufacturer's brands that are registered with the agency.
new text end

new text begin (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 a
fluorescent or high-intensity discharge lamp prior to the expiration or revocation of the
manufacturer's registration and the unlawful sale occurred within six months after the
expiration or revocation.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer's registration. new text end

new text begin (a) A manufacturer of fluorescent or
high-intensity discharge lamps sold or offered for sale in this state after September 1,
2008, must submit a registration to the agency that includes:
new text end

new text begin (1) a list of the manufacturer's brands of fluorescent or high-intensity discharge
lamps sold or offered for sale in this state;
new text end

new text begin (2) the name, address, and contact information of a person responsible for ensuring
compliance with this chapter; and
new text end

new text begin (3) a certification that the manufacturer has complied and will continue to comply
with the requirements of sections 115A.1360 to 115A.1369.
new text end

new text begin (b) A manufacturer who begins to sell or offer for sale fluorescent or high-intensity
discharge lamps in this state after September 1, 2008, 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 fluorescent or high-intensity discharge lamps in this state.
new text end

new text begin (c) A registration must be updated within ten days after a change in the
manufacturer's brands of fluorescent or high-intensity discharge lamps sold or offered
for sale in this state.
new text end

new text begin (d) A registration is effective upon receipt by the agency and is valid until September
1 of each year.
new text end

new text begin (e) 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.
new text end

new text begin (f) The agency must maintain on its Web site the names of manufacturers and the
manufacturers' brands listed in registrations filed with the agency. The agency must update
the Web site information promptly upon receipt of a new or updated registration.
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. 4.

new text begin [115A.1362] MANUFACTURER'S REGISTRATION FEE; CREATION
OF ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Registration fee. new text end

new text begin (a) Each manufacturer that registers under
section 115A.1361, must, by September 1, 2008, and each year thereafter, pay to the
commissioner an annual registration fee of $........ The commissioner must deposit the fee
in the account established in subdivision 2.
new text end

new text begin (b) The registration fee for a manufacturer who sells fewer than ... units of
fluorescent or high-intensity discharge lamps annually in this state, as determined under
section 115A.1364, is $........
new text end

new text begin Subd. 2. new text end

new text begin Creation of account; appropriations. new text end

new text begin (a) The fluorescent and
high-intensity discharge lamp waste account is established in the environmental fund. The
commissioner of revenue must deposit receipts from the fee established in subdivision 1 in
the account. Any interest earned on the account must be credited to the account. Money
from other sources may be credited to the account.
new text end

new text begin (b) Until June 30, 2010, money in the account is annually appropriated to the
commissioner to implement sections 115A.1360 to 115A.1369.
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. 5.

new text begin [115A.1363] COLLECTION AND RECYCLING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Submission of plan. new text end

new text begin (a) A manufacturer who, as of July 1, 2008,
sells or offers for sale fluorescent or high-intensity discharge lamps in this state must, by
January 1, 2009, submit a plan to the commissioner describing a statewide program,
financed and implemented by the manufacturer, that will enable the manufacturer to, by
July 1, 2010, collect, transport, and recycle a number of fluorescent or high-intensity
discharge lamps equal to at least 80 percent of the number of those products sold under the
manufacturer's brand in this state during the previous year.
new text end

new text begin (b) A manufacturer who begins to sell or offer for sale fluorescent or high-intensity
discharge lamps in this state after July 1, 2008, must submit a plan that meets the
requirements of this section to the commissioner within 60 days of filing a registration
under section 115A.1361, subdivision 2.
new text end

new text begin (c) Manufacturers are encouraged to collaborate with retailers, lamp recycling
facilities, consumers, electric utilities, trade associations, nonprofit organizations, and
local units of government in developing and implementing a fluorescent or high-intensity
discharge lamp collection and recycling system.
new text end

new text begin Subd. 2. new text end

new text begin Plan contents. new text end

new text begin (a) The plan must contain, at a minimum:
new text end

new text begin (1) a description of the system to collect, transport, and recycle fluorescent or
high-intensity discharge lamps;
new text end

new text begin (2) a description of permanent and event collection services that will be provided
throughout the state, including the number and frequency of collection opportunities;
new text end

new text begin (3) a description of how existing public and private efforts to collect and recycle
fluorescent or high-intensity discharge lamps will be integrated into the plan;
new text end

new text begin (4) a consumer education program to inform consumers of the prohibition against
placing fluorescent or high-intensity discharge lamps in solid waste and of opportunities to
dispose of fluorescent or high-intensity discharge lamps safely;
new text end

new text begin (5) a list of one or more permanent collection opportunities that will be provided
in each county; and
new text end

new text begin (6) a list of collectors who will transport fluorescent or high-intensity discharge
lamps to a lamp recycling facility.
new text end

new text begin Subd. 3. new text end

new text begin Plan review and approval. new text end

new text begin (a) The commissioner must review and
approve, and may modify, each plan. The commissioner must approve a plan no later
than 60 days after the plan has been received by the agency. A manufacturer may not
implement a plan that has not been approved by the commissioner.
new text end

new text begin (b) In determining whether to approve a plan, the commissioner must consider,
at a minimum, whether the plan:
new text end

new text begin (1) is likely to meet the 80 percent recycling goal;
new text end

new text begin (2) provides reasonable opportunities to recycle fluorescent or high-intensity
discharge lamps in all geographic areas of the state; and
new text end

new text begin (3) makes use of existing recycling programs and avoids duplication of effort.
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. 6.

new text begin [115A.1364] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturer's reporting requirements. new text end

new text begin (a) By September 1 of
each year, beginning in 2009, each manufacturer must report to the agency the number
of units of fluorescent or high-intensity discharge lamps sold in this state under its
brands during the previous year and a description of how the information or estimate
was calculated.
new text end

new text begin (b) By September 1 of each year, beginning in 2009, each manufacturer must report
to the agency the total number of units of fluorescent or high-intensity discharge lamps
the manufacturer collected and recycled in this state or arranged to have collected and
recycled in this state during the preceding program year.
new text end

new text begin (c) Data reported under this subdivision by an individual manufacturer is classified
as nonpublic data, as defined in section 13.02, subdivision 9, except that the agency may
release the data in summary form in which individual manufacturers are not identified and
from which neither the manufacturers' identities nor any other characteristic that could
uniquely identify an individual manufacturer is ascertainable.
new text end

new text begin Subd. 2. new text end

new text begin Retailer's reporting requirements. new text end

new text begin By August 1 of each year, beginning
in 2009, a retailer must report to a manufacturer the number of fluorescent or high-intensity
discharge lamps labeled with the manufacturer's brand sold in this state during the
previous program year.
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. 7.

new text begin [115A.1365] MANUFACTURER'S RESPONSIBILITIES.
new text end

new text begin (a) A manufacturer must annually collect and recycle or arrange for the collection
and recycling of at least 80 percent of the total number of units of fluorescent or
high-intensity discharge lamps sold by the manufacturer under its brands in this state
during the previous year, as estimated by the agency under section 115A.1367, paragraph
(d). A manufacturer may fulfill this requirement by collecting and recycling brands of
fluorescent or high-intensity discharge lamps other than its own, provided the brands are
registered under section 115A.1361, subdivision 2.
new text end

new text begin (b) A manufacturer must conduct and document due diligence assessments of
collectors with whom it contracts for the collection of fluorescent or high-intensity
discharge lamps. A manufacturer is responsible for maintaining, for a period of
three years, documentation that all fluorescent or high-intensity discharge lamps the
manufacturer collected or arranged to have collected were delivered to a lamp recycling
facility. Fluorescent or high-intensity discharge lamps may be recycled only by a lamp
recycling facility permitted or licensed by the agency under section 116.93, subdivision
2, or by a county under section 473.811, subdivision 5b.
new text end

new text begin (c) A manufacturer must provide the agency with contact information for a person
who can be contacted regarding the manufacturer's activities under sections 115A.1360
to 115A.1369.
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. 8.

new text begin [115A.1366] PENALTIES.
new text end

new text begin (a) The commissioner shall impose a penalty on a manufacturer that fails to meet the
recycling requirement established in section 115A.1365, paragraph (a). The penalty is
$....... for each one-tenth of one percent below 80 percent. Revenues from the penalties
shall be deposited in the account established in section 115A.1362.
new text end

new text begin (b) Data regarding penalties imposed under this section is classified as nonpublic
data, as defined in section 13.02, subdivision 9, except that the agency may release the
data in summary form in which individual manufacturers are not identified and from
which neither the manufacturers' identities nor any other characteristic that could uniquely
identify an individual manufacturer is ascertainable.
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. 9.

new text begin [115A.1367] AGENCY DUTIES; ENFORCEMENT.
new text end

new text begin (a) The agency shall administer sections 115A.1360 to 115A.1369.
new text end

new text begin (b) The agency shall establish procedures for:
new text end

new text begin (1) receipt and maintenance of the registration statements filed with the agency
under section 115A.1361; and
new text end

new text begin (2) making the statements easily available to manufacturers, retailers, and members
of the public.
new text end

new text begin (c) The agency shall review the reports submitted to it under section 115A.1364.
new text end

new text begin (d) By August 1 of each year, beginning in 2010, the agency shall calculate
estimated sales of fluorescent or high-intensity discharge lamps sold in this state by each
manufacturer during the preceding year, based on national sales data, and forward the
estimates to the manufacturers.
new text end

new text begin (e) On or before December 1, 2010, and each year thereafter, the agency shall submit
a report to the governor and the legislature on the implementation of sections 115A.1360
to 115A.1369. The report must discuss the total units of fluorescent or high-intensity
discharge lamps recycled in the previous year and must summarize information in the
reports submitted by manufacturers under section 115A.1364. The report must also
discuss the various collection programs used by manufacturers to collect fluorescent
or high-intensity discharge lamps; information regarding fluorescent or high-intensity
discharge lamps that are being collected by persons other than registered manufacturers
and collectors; and information about fluorescent or high-intensity discharge lamps, if
any, being disposed of in landfills in this state. The report must include a description of
enforcement actions under sections 115A.1360 to 115A.1369. The agency may include
in its report other information received by the agency regarding the implementation of
sections 115A.1360 to 115A.1369.
new text end

new text begin (f) The agency shall promote public participation in the activities regulated under
sections 115A.1360 to 115A.1369 through public education and outreach efforts.
new text end

new text begin (g) The agency shall enforce sections 115A.1360 to 115A.1369 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072. The agency
may revoke a registration of a collector found to have violated sections 115A.1360
to 115A.1369.
new text end

new text begin (h) The agency shall impose penalties as required under section 115A.1366.
new text end

new text begin (i) The agency shall facilitate communication between counties, collectors, lamp
recycling facilities, and manufacturers to ensure that manufacturers are aware of
fluorescent or high-intensity discharge lamps available for recycling.
new text end

new text begin (j) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1364, subdivision 2, and post it on the agency's Web
site.
new text end

new text begin (k) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1365, paragraph (c).
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. 10.

new text begin [115A.1368] OTHER RECYCLING PROGRAMS.
new text end

new text begin A city, county, or other public agency may not require households to use public
facilities to recycle their fluorescent or high-intensity discharge lamps to the exclusion
of other lawful programs available. Cities, counties, and other public agencies are
encouraged to work with manufacturers to assist them in meeting their recycling
obligations under section 115A.1365. Nothing in sections 115A.1360 to 115A.1369
prohibits or restricts the operation of any program recycling fluorescent or high-intensity
discharge lamps in addition to those provided by manufacturers or prohibits or restricts
any persons from receiving, collecting, or transporting fluorescent or high-intensity
discharge lamps, provided that those persons are registered under section 115A.1361.
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. 11.

new text begin [115A.1369] ANTICOMPETITIVE CONDUCT.
new text end

new text begin (a) A manufacturer that organizes collection or recycling of fluorescent or
high-intensity discharge lamps under sections 115A.1360 to 115A.1369 may 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.
new text end

new text begin (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 sections 115A.1360 to 115A.1369 may 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.
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. 12.

Minnesota Statutes 2007 Supplement, section 216B.241, subdivision 5,
is amended to read:

Subd. 5.

Efficient lighting program.

(a) Each public utility, cooperative electric
association, and municipal utility that provides electric service to retail customers shall
include as part of its conservation improvement activities a program to strongly encourage
the use of fluorescent and high-intensity discharge lamps. The program must include at
least a public information campaign to encourage use of the lamps and proper management
of spent lamps by all customer classifications.

(b) A public utility that provides electric service at retail to 200,000 or more
customers shall establish, either directly or through contracts with other persons, including
lamp manufacturers, distributors, wholesalers, and retailers and local government units, a
system to collect for delivery to a reclamation or recycling facility spent fluorescent and
high-intensity discharge lamps deleted text begin from households and deleted text end from small businesses as defined in
section 645.445 that generate an average of fewer than ten spent lamps per year.

(c) A collection system must include establishing reasonably convenient locations
for collecting spent lamps deleted text begin from households deleted text end and financial incentives sufficient to encourage
spent lamp generators to take the lamps to the collection locations. Financial incentives
may include coupons for purchase of new fluorescent or high-intensity discharge lamps,
a cash back system, or any other financial incentive or group of incentives designed to
collect the maximum number of spent lamps from deleted text begin households and deleted text end small businesses that is
reasonably feasible.

(d) A public utility deleted text begin that provides electric service at retail to fewer than 200,000
customers deleted text end , a cooperative electric association, or a municipal utility that provides
electric service at retail to customers may establish a collection system new text begin for households
and qualifying small businesses new text end under paragraphs (b) and (c) as part of conservation
improvement activities required under this section.

(e) The commissioner of the Pollution Control Agency may not, unless clearly
required by federal law, require a public utility, cooperative electric association, or
municipality that establishes a household fluorescent and high-intensity discharge lamp
collection system under this section to manage the lamps as hazardous waste as long as
the lamps are managed to avoid breakage and are delivered to a recycling or reclamation
facility that removes mercury and other toxic materials contained in the lamps prior to
placement of the lamps in solid waste.

(f) If a public utility, cooperative electric association, or municipal utility contracts
with a local government unit to provide a collection system under this subdivision,
the contract must provide for payment to the local government unit of all the unit's
incremental costs of collecting and managing spent lamps.

(g) All the costs incurred by a public utility, cooperative electric association, or
municipal utility for promotion and collection of fluorescent and high-intensity discharge
lamps under this subdivision are conservation improvement spending under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end