SF 2192

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/09/2014 11:38 a.m.

1.1A bill for an act 1.2relating to environment; prohibiting and regulating certain lead and mercury 1.3products; modifying ban on formaldehyde in children's products; establishing 1.4Environmental Justice Act; prohibiting certain cleaning products containing 1.5triclosan;amending Minnesota Statutes 2012, sections 115A.932, subdivision 1.61; 116.92, subdivisions 4, 5, 6, 8j, by adding a subdivision; Minnesota Statutes 1.72013 Supplement, sections 325F.176; 325F.177; proposing coding for new law in 1.8Minnesota Statutes, chapters 116; 145. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to 1.11read: 1.12    Subdivision 1. Prohibitions and recycling requirements. (a) A person may not 1.13place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical 1.14or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or 1.15other electrical new text begin mercury-containing new text end device new text begin or product, as defined under section 116.92, new text end 1.16 new text begin subdivision 10, new text end from which the mercury has not been removed for reuse or recycling: 1.17(1) in solid waste; or 1.18(2) in a wastewater disposal system. 1.19(b) A person may not knowingly place mercury or a thermostat, thermometer, 1.20electric switch, appliance, gauge, medical or scientific instrument, fluorescent or 1.21high-intensity discharge lamp, electric relay, or other electrical new text begin mercury-containing new text end device 1.22 new text begin or product, as defined under section 116.92, subdivision 10, new text end from which the mercury has 1.23not been removed for reuse or recycling: 1.24(1) in a solid waste processing facility; or 1.25(2) in a solid waste disposal facility. 2.1(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery 2.2of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or 2.3to a facility that collects and stores lamps for the purpose of delivering them to a lamp 2.4recycling facility, including, but not limited to, a household hazardous waste collection 2.5or recycling facility, retailer take-back and utility provider program sites, or other sites 2.6designated by an electric utility under section 216B.241, subdivisions 2 and 4. 2.7    Sec. 2. new text begin [116.861] CITATION. new text end 2.8 new text begin Sections 116.861 to 116.863 may be cited as the "Environmental Justice Act." new text end 2.9    Sec. 3. new text begin [116.862] DEFINITIONS. new text end 2.10 new text begin For purposes of sections 116.861 to 116.863: new text end 2.11 new text begin (1) "agency" means the Pollution Control Agency; new text end 2.12 new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency; and new text end 2.13 new text begin (3) "environmental justice" means the fair treatment and meaningful involvement new text end 2.14 new text begin of people of all races, cultures, and income levels in the development, adoption, new text end 2.15 new text begin implementation, and enforcement of environmental laws and policies. new text end 2.16    Sec. 4. new text begin [116.863] CREATION AND IMPLEMENTATION OF new text end 2.17 new text begin ENVIRONMENTAL JUSTICE POLICY. new text end 2.18 new text begin (a) It is the policy of the state to ensure that communities are afforded fair treatment new text end 2.19 new text begin and meaningful involvement in environmental decision making regardless of race, color, new text end 2.20 new text begin ethnicity, religion, income, or education level. new text end 2.21 new text begin (b) The agency shall develop, adopt, and implement an environmental justice policy new text end 2.22 new text begin that promotes fair treatment and meaningful involvement of all people, regardless of race, new text end 2.23 new text begin color, ethnicity, religion, income, or education level. new text end 2.24 new text begin (c) The agency's environmental justice policy shall: new text end 2.25 new text begin (1) include procedures and criteria for evaluating environmental and demographic new text end 2.26 new text begin information to highlight areas of potential concern for environmental justice; new text end 2.27 new text begin (2) identify procedures and steps that the agency will take during permitting, new text end 2.28 new text begin environmental review, rulemaking, and other actions to identify and remove barriers to new text end 2.29 new text begin the meaningful involvement of all citizens in areas with potential environmental justice new text end 2.30 new text begin concerns. The procedures shall include processes for evaluating language proficiencies new text end 2.31 new text begin within a community and determining actions to take to ensure meaningful access and new text end 2.32 new text begin communication; new text end 3.1 new text begin (3) develop ways to identify disproportionate environmental and human health new text end 3.2 new text begin impacts that may affect a given community as a result of pollution from multiple sources new text end 3.3 new text begin over time; new text end 3.4 new text begin (4) develop procedures to integrate awareness of disproportionate environmental new text end 3.5 new text begin and human health impacts into the agency's decision-making with respect to permitting, new text end 3.6 new text begin compliance and enforcement, environmental review, environmental monitoring and new text end 3.7 new text begin analysis, and other agency functions. Such procedures may include guidance, checklists, new text end 3.8 new text begin best practices, and voluntary reductions in pollutants by other facilities; new text end 3.9 new text begin (5) include plans to coordinate the agency's environmental justice efforts with new text end 3.10 new text begin other state agencies and the federal Environmental Protection Agency to accomplish new text end 3.11 new text begin the agency's environmental justice policy; new text end 3.12 new text begin (6) examine how to develop measures to evaluate progress and the effectiveness of new text end 3.13 new text begin the agency's environmental justice policy; and new text end 3.14 new text begin (7) identify any additional resources or statutory changes needed to implement new text end 3.15 new text begin the agency's environmental justice policy. new text end 3.16 new text begin (d) The agency's environmental justice policy shall be completed and submitted new text end 3.17 new text begin to the chairs and ranking minority members of the senate and house committees with new text end 3.18 new text begin jurisdiction over environmental policy and finance by June 30, 2015. new text end 3.19    Sec. 5. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read: 3.20    Subd. 4. Removal from service; products containing mercury. (a) When an item 3.21listed in subdivision 3 new text begin this section new text end is removed from service new text begin , new text end the mercury in the item must 3.22be reused, recycled, or otherwise managed to ensure compliance with section 115A.932. 3.23(b) A person who is in the business of replacing or repairing an item listed in 3.24subdivision 3 new text begin this section new text end in households shall ensure, or deliver the item to a facility that 3.25will ensure, that the mercury contained in an item that is replaced or repaired is reused or 3.26recycled or otherwise managed in compliance with section 115A.932. 3.27(c) A person may not crush a motor vehicle unless the person has first made a good 3.28faith effort to remove all of the mercury switches in the motor vehicle. 3.29 new text begin (d) An item managed according to the requirements of this section must be new text end 3.30 new text begin transported in a container designed to prevent the escape of mercury into the environment new text end 3.31 new text begin by volatilization or any other means. new text end 3.32    Sec. 6. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read: 3.33    Subd. 5. Thermostats. new text begin (a) The definitions in this paragraph apply to this subdivision: new text end 4.1 new text begin (1) "contractor" means a person engaged in the business of installing, servicing, or new text end 4.2 new text begin removing thermostats and other heating, ventilation, and air conditioning components, new text end 4.3 new text begin including a contractor removing thermostats in conjunction with renovation and new text end 4.4 new text begin demolition activities in accordance with Minnesota Rules, part 7035.0805; new text end 4.5 new text begin (2) "qualified contractor" means a contractor: new text end 4.6 new text begin (i) who employs seven or more service technicians or installers; new text end 4.7 new text begin (ii) who is located in an area outside of an urban area, as defined by the United new text end 4.8 new text begin States Census Bureau; or new text end 4.9 new text begin (iii) whose primary business consists of renovation and demolition activities; new text end 4.10 new text begin (3) "retailer" means a person who sells thermostats of any kind directly to new text end 4.11 new text begin homeowners or other end-users through any selling or distribution mechanism; new text end 4.12 new text begin (4) "thermostat" means a temperature control device that may contain elemental new text end 4.13 new text begin mercury in a sealed component that serves as a switch or temperature-sensing element and new text end 4.14 new text begin a sealed component that has been removed from such a temperature control device; and new text end 4.15 new text begin (5) "wholesaler" means a person engaged in the distribution and wholesale sale of new text end 4.16 new text begin thermostats and other heating, ventilation, and air conditioning components to contractors new text end 4.17 new text begin who install heating, ventilation, and air conditioning components. new text end 4.18 new text begin (b) A manufacturer of thermostats that contain mercury or that may replace new text end 4.19 new text begin thermostats that contain mercury is responsible for the costs of collecting and managing new text end 4.20 new text begin the replaced mercury-containing thermostats to ensure that the thermostats do not become new text end 4.21 new text begin part of the solid waste stream. new text end 4.22 new text begin (c) new text end A manufacturer of thermostats that contain mercury or that may replace 4.23thermostats that contain mercury shall, in addition to the requirements of subdivision 3, 4.24provide incentives for and sufficient information to purchasers and consumers of the 4.25thermostats for the purchasers or consumers to ensure that mercury in thermostats being 4.26removed from service is reused or recycled or otherwise managed in compliance with 4.27section 115A.932. A manufacturer that has complied with this subdivision is not liable for 4.28improper disposal by purchasers or consumers of thermostats. 4.29 new text begin (d) A manufacturer of thermostats subject to this subdivision, or an organization new text end 4.30 new text begin of manufacturers of thermostats and its officers, members, employees, and agents, may new text end 4.31 new text begin participate in projects or programs to collect and properly manage waste thermostats. new text end 4.32 new text begin Any person who participates in such a project or program is immune from liability new text end 4.33 new text begin under state law relating to antitrust, restraint of trade, unfair trade practices, and other new text end 4.34 new text begin regulation of trade or commerce for activities related to the collection and management new text end 4.35 new text begin of the thermostats under this subdivision. new text end 5.1 new text begin (e) A manufacturer of thermostats or organization of manufacturers of thermostats new text end 5.2 new text begin that participates in a thermostat collection and management program under this subdivision new text end 5.3 new text begin must report at least annually to the agency. The report must include: new text end 5.4 new text begin (1) a description of how the program operates; new text end 5.5 new text begin (2) a description of program components, including incentives provided under this new text end 5.6 new text begin subdivision, and an evaluation of the program components' effectiveness in promoting new text end 5.7 new text begin participation and recovery of thermostats; new text end 5.8 new text begin (3) eligibility criteria for program participants; new text end 5.9 new text begin (4) a list of program participants; and new text end 5.10 new text begin (5) the number of thermostats remitted by each program participant during the new text end 5.11 new text begin reporting period. new text end 5.12 new text begin (f) A wholesaler, qualified contractor, or retailer may participate as a collection site new text end 5.13 new text begin in a manufacturer's mercury thermostat collection and management program required new text end 5.14 new text begin under this subdivision. A wholesaler or retailer that participates as a collection site new text end 5.15 new text begin in a manufacturer's mercury thermostat collection and management program shall post new text end 5.16 new text begin prominent signs at such wholesaler's or retailer's business location regarding the collection new text end 5.17 new text begin and management of mercury thermostats. new text end 5.18    Sec. 7. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read: 5.19    Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or 5.20retailer may not sell or distribute at no cost a thermometer containing mercury that was 5.21manufactured after June 1, 2001. 5.22(b) Paragraph (a) does not apply to: 5.23(1) an electronic thermometer with a battery containing mercury if the battery is in 5.24compliance with section 325E.125; new text begin . new text end 5.25(2) a mercury thermometer used for food research and development or food 5.26processing, including meat, dairy products, and pet food processing; 5.27(3) a mercury thermometer that is a component of an animal agriculture climate 5.28control system or industrial measurement system until such time as the system is replaced 5.29or a nonmercury component for the system is available; or 5.30(4) a mercury thermometer used for calibration of other thermometers, apparatus, or 5.31equipment, unless a nonmercury calibration standard is approved for the application by 5.32the National Institute of Standards and Technology. 5.33 new text begin (c) A manufacturer is in compliance with this subdivision if the manufacturer: new text end 5.34 new text begin (1) has received an exclusion or exemption from a state that is a member of the new text end 5.35 new text begin Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement new text end 6.1 new text begin parts when no alternative is available or for an application when no feasible alternative is new text end 6.2 new text begin available; new text end 6.3 new text begin (2) submits a copy of the approved exclusion or exemption to the commissioner; and new text end 6.4 new text begin (3) meets all of the requirements in the approved exclusion or exemption for the new text end 6.5 new text begin manufacturer's activities within the state. new text end 6.6    Sec. 8. Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read: 6.7    Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions new text begin 6 new text end 6.8 new text begin and new text end 8b to 8g do not apply if a new text begin thermometer, new text end switch, relay, or measuring device is used 6.9to replace a new text begin thermometer, new text end switch, relay, or measuring device that is a component of a 6.10larger product in use prior to January 1, 2008, provided the owner of that equipment has 6.11made every reasonable effort to determine that no compatible nonmercury replacement 6.12component exists new text begin an industrial measurement system or control system until the system is new text end 6.13 new text begin replaced or a nonmercury component for the system is available. The owner of the system new text end 6.14 new text begin shall notify the commissioner within 30 days of replacing the component and identify the new text end 6.15 new text begin replacement mercury component that was installed new text end . 6.16    Sec. 9. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to 6.17read: 6.18     new text begin Subd. 8k. new text end new text begin Ban; mercury in balancing and dampening products and new text end 6.19 new text begin equipment. new text end new text begin A person may not sell, offer for sale, distribute, install, or use in the state a new text end 6.20 new text begin mercury-containing product or mercury-containing equipment that is used for balancing, new text end 6.21 new text begin dampening, or providing a weight or counterweight function. new text end 6.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 6.23    Sec. 10. new text begin [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD new text end 6.24 new text begin AND MERCURY PROHIBITION. new text end 6.25     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 6.26 new text begin have the meanings given. new text end 6.27 new text begin (b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn new text end 6.28 new text begin by a self-propelled vehicle that is operated on a highway, on a railroad track, on the new text end 6.29 new text begin ground, in the water, or in the air. new text end 6.30 new text begin (c) "New motor vehicle" means a motor vehicle that has not been previously sold to new text end 6.31 new text begin a person except a distributor, wholesaler, or motor vehicle dealer for resale. new text end 6.32     new text begin Subd. 2. new text end new text begin Tire service. new text end new text begin When replacing or balancing a tire on a motor vehicle or new text end 6.33 new text begin aircraft, a person may not use a wheel weight or other product for balancing motor vehicle new text end 7.1 new text begin or aircraft wheels if the weight or other balancing product contains lead or mercury that new text end 7.2 new text begin was intentionally added during the manufacture of the product. new text end 7.3     new text begin Subd. 3. new text end new text begin Sales ban. new text end new text begin A person may not sell or offer to sell or distribute weights new text end 7.4 new text begin or other products for balancing motor vehicle or aircraft wheels if the weight or other new text end 7.5 new text begin balancing product contains lead or mercury that was intentionally added during the new text end 7.6 new text begin manufacture of the product. new text end 7.7     new text begin Subd. 4. new text end new text begin New motor vehicles. new text end new text begin A person may not sell a new motor vehicle or new text end 7.8 new text begin aircraft that is equipped with a weight or other product for balancing wheels if the weight new text end 7.9 new text begin or other balancing product contains lead or mercury that was intentionally added during new text end 7.10 new text begin the manufacture of the product. new text end 7.11     new text begin Subd. 5. new text end new text begin Salvage. new text end new text begin A person may not shred or crush, or market for shredding or new text end 7.12 new text begin crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment, new text end 7.13 new text begin or any portion thereof, without: new text end 7.14 new text begin (1) inspecting the vehicle or equipment; and new text end 7.15 new text begin (2) removing all weights or other products for balancing wheels or other equipment new text end 7.16 new text begin if the weights or balancing products contain lead or mercury that was intentionally added new text end 7.17 new text begin during the manufacture of the weights or balancing products. new text end 7.18     new text begin Subd. 6. new text end new text begin Management of wheel weights and balancing products. new text end new text begin Mercury in new text end 7.19 new text begin wheel weights and other balancing products for motor vehicle and aircraft wheels must new text end 7.20 new text begin be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to new text end 7.21 new text begin ensure that it does not become part of the solid waste stream and is not released to the new text end 7.22 new text begin environment. Lead in wheel weights and other balancing products for motor vehicle and new text end 7.23 new text begin aircraft wheels must be recycled to ensure that it does not become part of the solid waste new text end 7.24 new text begin stream and is not released to the environment. new text end 7.25     new text begin Subd. 7. new text end new text begin Educational materials; outreach. new text end new text begin Prior to the effective date of this new text end 7.26 new text begin section, the agency shall produce and distribute educational materials on the prohibitions new text end 7.27 new text begin required under this section to businesses subject to the prohibitions and shall conduct new text end 7.28 new text begin additional outreach and education activities to those businesses. new text end 7.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2016. new text end 7.30    Sec. 11. new text begin [145.945] CERTAIN SALES OF CLEANING PRODUCTS new text end 7.31 new text begin PROHIBITED. new text end 7.32     new text begin Subdivision 1. new text end new text begin Prohibition. new text end new text begin In order to prevent the spread of infectious disease and new text end 7.33 new text begin avoidable infections and to promote best practices in sanitation, no person shall offer new text end 7.34 new text begin for retail sale in Minnesota any cleaning product that contains triclosan and is used by new text end 7.35 new text begin consumers for sanitizing or hand and body cleansing. new text end 8.1     new text begin Subd. 2. new text end new text begin Exception. new text end new text begin The prohibition in subdivision 1 shall not apply to individual new text end 8.2 new text begin products for which specific United States Food and Drug Administration approval for new text end 8.3 new text begin consumer use has been secured. new text end 8.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2017. new text end 8.5    Sec. 12. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read: 8.6325F.176 DEFINITIONS. 8.7(a) For the purposes of sections 325F.176 to 325F.178, the following terms have 8.8the meanings given them. 8.9(b) "Child" means a person under eight years of age. 8.10(c) "Children's product" means a product primarily designed or intended by a 8.11manufacturer to be physically applied to or introduced into a child's body, including any 8.12article used as a component of such a product and excluding a food, beverage, dietary 8.13supplement, pharmaceutical product or biologic, children's toys that are covered by the 8.14ASTM International F963 standard for Toy Safety, or a medical device as defined in 8.15the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h), 8.16as amended through February 15, 2013. 8.17 new text begin (d) "Intentionally added chemical" means a chemical in a product that serves an new text end 8.18 new text begin intended function in the product. new text end 8.19    Sec. 13. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read: 8.20325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN. 8.21(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for 8.22sale in this state a children's product that intentionally contains: 8.23(1) formaldehyde, including formaldehyde contained in a solution; or 8.24(2) new text begin intentionally added chemical new text end ingredients that chemically degrade under normal 8.25conditions of temperature and pressure to release new text begin free new text end formaldehyde new text begin at levels exceeding a new text end 8.26 new text begin de minimis level of 0.05 percent new text end . 8.27(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a 8.28children's product that intentionally contains: 8.29(1) formaldehyde, including formaldehyde contained in a solution; or 8.30(2) new text begin intentionally added chemical new text end ingredients that chemically degrade under normal 8.31conditions of temperature and pressure to release new text begin free new text end formaldehyde new text begin at levels exceeding a new text end 8.32 new text begin de minimis level of 0.05 percent new text end .