HF 403

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to environment; requiring plastic yard waste bags to be compostable;
establishing biodegradable and compostable standards for certain plastics;
providing civil penalties; amending Minnesota Statutes 2008, section 115A.931;
proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2008, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) [Renumbered 115A.03, subd 38]

new text begin (c) On or after January 1, 2010, a person may not place yard waste or
source-separated compostable materials generated in a metropolitan county in a plastic
bag delivered to a transfer station or yard waste compost facility unless the bag meets all
the specifications in ASTM Standard Specification for Compostable Plastics (D6400).
For purposes of this paragraph, "metropolitan county" has the meaning given in section
473.121, subdivision 4, and "ASTM" has the meaning given in section 296A.01,
subdivision 6.
new text end

new text begin (d) A person who immediately empties a plastic bag containing yard waste or
source-separated compostable materials delivered to a transfer station or yard waste
compost facility and removes the plastic bag from the transfer station or yard waste
compost facility is exempt from paragraph (c).
new text end

new text begin (e) A city of the first class with an organized collection system for collecting solid
waste is exempt from paragraph (c) until January 1, 2013.
new text end

Sec. 2.

new text begin [325E.046] STANDARDS FOR LABELING PLASTIC BAGS.
new text end

new text begin Subdivision 1. new text end

new text begin Biodegradable label. new text end

new text begin A person may not offer for sale in this state
a plastic bag labeled "biodegradable," "degradable," or any form of those terms, or in
any way imply that the bag will chemically decompose into innocuous elements in a
reasonably short period of time in a landfill, composting, or other terrestrial environment
unless a scientifically based standard for biodegradability is developed and the bags are
certified as meeting the standard.
new text end

new text begin Subd. 2. new text end

new text begin Compostable label. new text end

new text begin A person may not offer for sale in this state a plastic
bag labeled "compostable" unless, at the time of sale, the bag meets the ASTM Standard
Specification for Compostable Plastics (D6400). Each bag must be labeled to reflect that it
meets the standard. For purposes of this subdivision, "ASTM" has the meaning given in
section 296A.01, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A person who willfully
violates this section is subject to a civil penalty of $100 for each violation up to a
maximum of $5,000 and may be enjoined from such violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of this section in the manner provided in section 8.31, subdivision 2b.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2010.
new text end