SF 3775
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to solid waste; establishing a pilot program to collect and process used
1.3paint; requiring reports.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. new text begin PAINT STEWARDSHIP PILOT PROGRAM.new text end
1.6 new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin For purposes of sections 1 to 3, the following terms new text end
1.7new text begin have the meanings given.new text end
1.8 new text begin (a) "Architectural paint" means interior and exterior architectural coatings, including new text end
1.9new text begin paints and stains purchased for commercial or homeowner use, but does not include new text end
1.10new text begin architectural coatings purchased for industrial or original equipment manufacturer use.new text end
1.11 new text begin (b) "Commissioner" means the commissioner of the Pollution Control Agency.new text end
1.12 new text begin (c) "Consumer-based cost recovery system" means a system whereby the costs of new text end
1.13new text begin the paint stewardship pilot program are passed on to consumers through the purchase new text end
1.14new text begin price of the product.new text end
1.15 new text begin (d) "Consumer paint stewardship fee" means the fee charged by the retailer or new text end
1.16new text begin distributor on each purchase of architectural paint sold in the state.new text end
1.17 new text begin (e) "Distributor" means a company that has a contractual relationship with one or new text end
1.18new text begin more manufacturers to market and sell architectural paint to retailers in this state.new text end
1.19 new text begin (f) "Manufacturer" means a manufacturer of architectural paint.new text end
1.20 new text begin (g) "Paint stewardship fee" means the fee paid by each manufacturer that is equal to new text end
1.21new text begin the amount of the consumer paint stewardship fee for architectural paint the manufacturer new text end
1.22new text begin sells in this state.new text end
1.23 new text begin (h) "Postconsumer paint" means architectural paint not used by the purchaser.new text end
1.24 new text begin (i) "Retailer" means a person who sells architectural paint at retail in this state.new text end
2.1 new text begin Subd. 2.new text end new text begin Purpose.new text end new text begin The purpose of the paint stewardship pilot program established new text end
2.2new text begin under this section is to allow paint manufacturers to develop and implement a program to new text end
2.3new text begin collect, transport, and process postconsumer paint to reduce the costs and environmental new text end
2.4new text begin impacts of the disposal of postconsumer paint in Minnesota.new text end
2.5 new text begin Subd. 3.new text end new text begin Plan.new text end new text begin (a) Starting July 1, 2008, manufacturers of architectural paint new text end
2.6new text begin sold at retail in this state must, through a representative organization, implement a pilot new text end
2.7new text begin stewardship program to undertake responsibility for the development and implementation new text end
2.8new text begin of strategies to reduce the generation of postconsumer paint, promote the reuse of new text end
2.9new text begin postconsumer paint, and collect, transport, and process the end-of-life management of new text end
2.10new text begin postconsumer paint. A consumer-based cost recovery system must be established to new text end
2.11new text begin collect a fee assessed on all architectural paint sold in this state to recover from consumers new text end
2.12new text begin the cost of collecting, storing, transporting and reusing or disposing of postconsumer paint new text end
2.13new text begin in an environmentally sound fashion. The consumer-based cost recovery system shall fund new text end
2.14new text begin the pilot stewardship program in the following manner:new text end
2.15 new text begin (1) each architectural paint manufacturer shall pay a paint stewardship fee to the new text end
2.16new text begin representative organization implementing the paint stewardship pilot program based on new text end
2.17new text begin the amount of architectural paint it sells in this state;new text end
2.18 new text begin (2) each Minnesota retailer or distributor of architectural paint shall include a new text end
2.19new text begin consumer paint stewardship fee in the price of all architectural paint it sells in this state; andnew text end
2.20 new text begin (3) an architectural paint manufacturer shall recover the paint stewardship fees by new text end
2.21new text begin invoicing each of its Minnesota retailers or distributors of architectural paint, who shall new text end
2.22new text begin remit payment for the fees to the architectural paint manufacturer. The funds used by new text end
2.23new text begin retailers and distributors to pay such invoices shall be derived from the consumer paint new text end
2.24new text begin stewardship fee attached to the sale of architectural paints by retailers and distributors.new text end
2.25 new text begin (b) To ensure that the consumer cost recovery mechanism is equitable and new text end
2.26new text begin sustainable, a uniform consumer paint stewardship fee is established for all architectural new text end
2.27new text begin paint sold in this state. The assessed consumer paint stewardship fee must be reviewed by new text end
2.28new text begin the commissioner and must be sufficient to recover the costs of the program and shall not new text end
2.29new text begin exceed $.30 per gallon or per container.new text end
2.30 new text begin (c) Material shall be provided to the consumer by the manufacturer or representative new text end
2.31new text begin of the manufacturer in a manner designed to ensure that consumers are made aware that a new text end
2.32new text begin consumer paint stewardship fee is included in the final sales price of the architectural paint.new text end
2.33 new text begin (d) The commissioner of the Pollution Control Agency may appoint an independent new text end
2.34new text begin auditor to review the paint stewardship pilot program.new text end
2.35 new text begin (e) Architectural paint purchased by a public or private educational institution, for new text end
2.36new text begin painting a building used primarily for educational or related administrative activities, is new text end
3.1new text begin exempt from the paint stewardship fee established under this subdivision. The educational new text end
3.2new text begin institution shall provide documentation, as required by the commissioner, as to the use of new text end
3.3new text begin the paint. Retailers and distributors shall retain the documentation of the amount of paint new text end
3.4new text begin sold exempt under this paragraph, and this paint will be excluded from calculating the fee new text end
3.5new text begin and remittances under paragraph (a), clauses (1) and (3).new text end
3.6 new text begin Subd. 4.new text end new text begin Nonpublic data.new text end new text begin Data reported to the commissioner by a manufacturer new text end
3.7new text begin or organization of manufacturers is classified as nonpublic data, as defined in Minnesota new text end
3.8new text begin Statutes, section 13.02, subdivision 9, except that the commissioner may release the new text end
3.9new text begin data in summary form in which individual manufacturers or retailers are not identified new text end
3.10new text begin and from which neither their identities nor any other characteristics that could uniquely new text end
3.11new text begin identify an individual manufacturer or retailer is ascertainable.new text end
3.12 new text begin Subd. 5.new text end new text begin Exemption.new text end new text begin Architectural paint used in, including paint donated for, the new text end
3.13new text begin Metro Paint-A-Thon sponsored by the Greater Minneapolis Council of Churches is not new text end
3.14new text begin subject to the consumer paint stewardship fee.new text end
3.15 Sec. 2. new text begin ANTICOMPETITIVE CONDUCT.new text end
3.16 new text begin A manufacturer or organization of manufacturers that organizes collection, transport, new text end
3.17new text begin and processing of postconsumer paint under section 1 may engage in anticompetitive new text end
3.18new text begin conduct to the extent necessary to plan and implement its chosen organized collection new text end
3.19new text begin or recycling system and is immune from liability under state laws relating to antitrust, new text end
3.20new text begin restraint of trade, unfair trade practices, and other regulation of trade or commerce.new text end
3.21 Sec. 3. new text begin REPORTS.new text end
3.22 new text begin (a) Beginning July 1, 2009, and each year thereafter, manufacturers of architectural new text end
3.23new text begin paint sold at retail in this state must, through a representative organization, submit a report new text end
3.24new text begin to the commissioner describing the paint stewardship pilot program. At a minimum, new text end
3.25new text begin the report must contain:new text end
3.26 new text begin (1) a description of methods used to collect, transport, and process postconsumer new text end
3.27new text begin paint in all regions of Minnesota;new text end
3.28 new text begin (2) the total cost of implementing the pilot program;new text end
3.29 new text begin (3) an evaluation of how the pilot program's funding mechanism operated;new text end
3.30 new text begin (4) examples of educational materials that were provided to consumers of new text end
3.31new text begin architectural paint and an evaluation of those methods;new text end
3.32 new text begin (5) an analysis of the environmental costs and benefits of collecting and recycling new text end
3.33new text begin latex paint; andnew text end
4.1 new text begin (6) an evaluation of the feasibility of donating useable postconsumer paint to new text end
4.2new text begin charitable organizations, nonprofit organizations, and K-12 schools.new text end
4.3 new text begin (b) By January 1, 2011, the commissioner shall submit a report to the chairs and new text end
4.4new text begin ranking minority members of the committees in the senate and house of representatives new text end
4.5new text begin that have primary jurisdiction over solid waste policy describing the results of the paint new text end
4.6new text begin stewardship pilot program and recommending whether it should be made permanent and new text end
4.7new text begin any modifications to improve the functioning and efficiency of the program.new text end
4.8 Sec. 4. new text begin EXPIRATION.new text end
4.9 new text begin Sections 1 to 3 expire January 31, 2011.new text end
4.10 Sec. 5. new text begin EFFECTIVE DATE.new text end
4.11 new text begin Sections 1 to 4 are effective the day following final enactment.new text end