SF 477

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to solid waste; requiring a pilot program to be implemented by paint 1.3manufacturers to recycle paint;amending Minnesota Statutes 2008, section 1.413.7411, subdivision 3; proposing coding for new law in Minnesota Statutes, 1.5chapter 115A. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2008, section 13.7411, subdivision 3, is amended to read: 1.8    Subd. 3. Pollution Control Agency. new text begin (a) new text end Information held by the commissioner of 1.9the Pollution Control Agency that is trade secret or sales information is governed by 1.10section 115A.06, subdivision 13. 1.11 new text begin (b) Data submitted to the commissioner by paint manufacturers or their new text end 1.12 new text begin representative organization under section 115A.1333 are classified under that section. new text end 1.13    Sec. 2. new text begin [115A.1331] PAINT STEWARDSHIP PILOT PROGRAM. new text end 1.14     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The purpose of this section is to allow manufacturers to new text end 1.15 new text begin pilot an environmentally sound and cost-effective paint stewardship program, undertaking new text end 1.16 new text begin responsibility for the development and implementation of strategies to reduce the new text end 1.17 new text begin generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, new text end 1.18 new text begin transport, and process postconsumer paint for end-of-life management. The ultimate new text end 1.19 new text begin purpose of this section is to minimize public sector involvement in the management of new text end 1.20 new text begin postconsumer paint. new text end 1.21     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of sections 115A.1331 to 115A.1333, the new text end 1.22 new text begin following terms have the meanings given. new text end 2.1 new text begin (b) "Architectural paint" means interior and exterior architectural coatings, including new text end 2.2 new text begin paints and stains purchased for commercial or homeowner use, but does not include new text end 2.3 new text begin architectural coatings purchased for industrial or original equipment manufacturer use. new text end 2.4 new text begin (c) "Distributor" means a company that has a contractual relationship with one or new text end 2.5 new text begin more manufacturers to market and sell architectural paint to retailers. new text end 2.6 new text begin (d) "Manufacturer" means a manufacturer of architectural paint. new text end 2.7 new text begin (e) "Paint stewardship assessment" means the amount included in the purchase new text end 2.8 new text begin price of architectural paint sold in Minnesota to implement the paint stewardship pilot new text end 2.9 new text begin program described in subdivision 3. new text end 2.10 new text begin (f) "Postconsumer paint" means architectural paint not used by the purchaser. new text end 2.11 new text begin (g) "Representative organization" means the nonprofit organization created by the new text end 2.12 new text begin manufacturers to implement the paint stewardship pilot program described in subdivision new text end 2.13 new text begin 3. new text end 2.14 new text begin (h) "Retailer" means a person who sells architectural paint at retail. new text end 2.15     new text begin Subd. 3. new text end new text begin Pilot program. new text end new text begin (a) Beginning September 1, 2009, manufacturers of new text end 2.16 new text begin architectural paint sold at retail must, through a representative organization, implement new text end 2.17 new text begin a statewide paint stewardship pilot program for the development and implementation new text end 2.18 new text begin of strategies to reduce the generation of postconsumer paint; promote the reuse and new text end 2.19 new text begin recycling of postconsumer paint; and undertake the responsibility of negotiating and new text end 2.20 new text begin executing agreements to collect, transport, and process postconsumer paint for end-of-life new text end 2.21 new text begin management in an environmentally sound fashion. In developing the pilot program, new text end 2.22 new text begin manufacturers of architectural paint must consult with and consider the views of new text end 2.23 new text begin representatives of the Solid Waste Management Coordinating Board, the Association new text end 2.24 new text begin of Minnesota Counties, the Solid Waste Administrators Association, and household new text end 2.25 new text begin hazardous waste programs administered in rural and metropolitan counties. The pilot new text end 2.26 new text begin program must include a funding mechanism whereby each architectural paint manufacturer new text end 2.27 new text begin remits to the representative organization payment of the paint stewardship assessment for new text end 2.28 new text begin each container of architectural paint it sells in this state. The paint stewardship assessment new text end 2.29 new text begin must be included in the cost of all architectural paint sold to Minnesota retailers and new text end 2.30 new text begin distributors, and each Minnesota retailer or distributor must include the assessment in the new text end 2.31 new text begin purchase price of all architectural paint sold in this state. new text end 2.32 new text begin (b) To ensure that the funding mechanism is equitable and sustainable, a uniform new text end 2.33 new text begin paint stewardship assessment must be established for all architectural paint sold. The paint new text end 2.34 new text begin stewardship assessment must be approved by the commissioner and must be sufficient to new text end 2.35 new text begin recover, but not exceed, the costs of the paint stewardship pilot program. new text end 3.1 new text begin (c) Paint manufacturers or their representative organization shall provide Minnesota new text end 3.2 new text begin consumers with educational materials regarding the paint stewardship assessment and the new text end 3.3 new text begin paint stewardship pilot program in a manner designed to ensure that consumers are made new text end 3.4 new text begin aware that a provision for the operation of a paint stewardship program is included in the new text end 3.5 new text begin purchase price of all architectural paint sold in the state. new text end 3.6 new text begin (d) Paint retailers may participate in the pilot program as paint collection points new text end 3.7 new text begin on a voluntary basis. new text end 3.8    Sec. 3. new text begin [115A.1332] CONDUCT AUTHORIZED. new text end 3.9 new text begin A manufacturer or organization of manufacturers that organizes collection, new text end 3.10 new text begin transport, and processing of postconsumer paint under section 115A.1331 may engage in new text end 3.11 new text begin anticompetitive conduct only to the extent necessary to plan and implement its chosen new text end 3.12 new text begin organized collection or recycling system and is immune from liability for the conduct new text end 3.13 new text begin under state laws relating to antitrust, restraint of trade, unfair trade practices, and other new text end 3.14 new text begin regulation of trade or commerce. new text end 3.15    Sec. 4. new text begin [115A.1333] REPORTS. new text end 3.16 new text begin (a) On October 15, 2010, manufacturers of architectural paint sold at retail in this new text end 3.17 new text begin state must, through a representative organization, submit a report to the commissioner new text end 3.18 new text begin describing the paint stewardship pilot program. At a minimum, the report must contain: new text end 3.19 new text begin (1) a description of the methods used to collect, transport, and process postconsumer new text end 3.20 new text begin paint in all regions of Minnesota; new text end 3.21 new text begin (2) the volume of postconsumer paint collected in all regions of Minnesota; new text end 3.22 new text begin (3) the volume of postconsumer paint collected in Minnesota by method of new text end 3.23 new text begin disposition, including reuse, recycling, and other methods of processing; new text end 3.24 new text begin (4) the total cost of implementing the pilot program as determined by an independent new text end 3.25 new text begin financial audit funded from the paint stewardship assessment; new text end 3.26 new text begin (5) an evaluation of the operation of the program's funding mechanism; new text end 3.27 new text begin (6) samples of educational materials provided to consumers of architectural paint new text end 3.28 new text begin and an evaluation of the methods used to disseminate those materials; and new text end 3.29 new text begin (7) an analysis of the environmental costs and benefits of collecting and recycling new text end 3.30 new text begin latex paint. new text end 3.31 new text begin (b) Data reported to the commissioner by a manufacturer or the representative new text end 3.32 new text begin organization of manufacturers is classified as nonpublic data, as defined in section 13.02, new text end 3.33 new text begin subdivision 9, except that the commissioner may release the data in summary form new text end 3.34 new text begin in which individual manufacturers, distributors, or retailers are not identified and from new text end 4.1 new text begin which neither their identities nor any other characteristics that could uniquely identify new text end 4.2 new text begin an individual manufacturer or retailer are ascertainable. new text end 4.3 new text begin (c) By January 15, 2011, the commissioner shall submit a report to the chairs and new text end 4.4 new text begin ranking minority members of the committees in the senate and house of representatives new text end 4.5 new text begin that have primary jurisdiction over solid waste policy describing the results of the new text end 4.6 new text begin paint stewardship pilot program and recommending whether it should be made new text end 4.7 new text begin permanent and any modifications to improve its functioning and efficiency. In preparing new text end 4.8 new text begin the report, the commissioner must consult with representatives of the Solid Waste new text end 4.9 new text begin Management Coordinating Board, the Association of Minnesota Counties, the Solid Waste new text end 4.10 new text begin Administrators Association, and household hazardous waste programs administered in new text end 4.11 new text begin rural and metropolitan counties, and must include their views in the report. The report new text end 4.12 new text begin must include an estimate of the potential costs of collecting and disposing of architectural new text end 4.13 new text begin paint avoided by state and local units of government and taxpayer savings as a result new text end 4.14 new text begin of the program. new text end 4.15    Sec. 5. new text begin [115A.1334] EXPIRATION. new text end 4.16 new text begin Sections 115A.1331 to 115A.1334 expire June 30, 2012. new text end 4.17    Sec. 6. new text begin EFFECTIVE DATE. new text end 4.18 new text begin Sections 1 to 5 are effective the day following final enactment. new text end