1.1 	A bill for an act
1.2 	relating to environment; establishing an assessment for each mattress and box 
1.3 	spring sold in the state to fund grants to local governments to expand mattress 
1.4 	recycling programs; appropriating money;proposing coding for new law in 
1.5 	Minnesota Statutes, chapter 115A.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [115A.1425] MATTRESS RECYCLING GRANTS.
1.8 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
1.9 	the meanings given.
1.10 	(b) "Brand" means a name, symbol, word, or mark that identifies a mattress or box 
1.11 	spring, rather than its components, and attributes the mattress or box spring to the owner 
1.12 	or licensee of the brand as the producer.
1.13 	(c) "Producer" means a person that:
1.14 	(1) has legal ownership of the brand, brand name, or cobrand of a mattress or box spring 
1.15 	sold in the state;
1.16 	(2) imports a mattress or box spring branded by a producer that meets clause (1) when 
1.17 	the producer has no physical presence in the United States;
1.18 	(3) if clauses (1) and (2) do not apply, makes unbranded mattresses or box springs that 
1.19 	are sold in the state; or
1.20 	(4) sells mattresses or box springs at wholesale or retail in the state, does not have legal 
1.21 	ownership of the brand, and elects to fulfill the responsibilities of the producer for the 
1.22 	mattress or box spring by certifying that election in writing to the commissioner.
2.1 	(d) "Retailer" means a person who offers mattresses or box springs for sale at retail in 
2.2 	the state.
2.3 	(e) "Sale" or "sell" means transfer of title of a mattress or box spring for consideration, 
2.4 	including a remote sale conducted through a sales outlet, catalog, website, or similar 
2.5 	electronic means.
2.6 		Subd. 2.Recycling assessments. (a) A producer of a mattress or box spring must add 
2.7 	a recycling assessment of $5 to the cost of each mattress and box spring sold to retailers in 
2.8 	the state by the producer and must remit the proceeds to the commissioner of the Pollution 
2.9 	Control Agency on a quarterly basis.
2.10 	(b) A retailer must add a recycling assessment of $5 to the purchase price of each mattress 
2.11 	and box spring sold by the retailer in the state and must remit the proceeds to the 
2.12 	commissioner of the Pollution Control Agency on a quarterly basis.
2.13 		Subd. 3.Mattress recycling account. All proceeds remitted to the commissioner under 
2.14 	subdivision 2 must be deposited in the state treasury and credited to a mattress recycling 
2.15 	account in the special revenue fund. The amount deposited under this subdivision is annually 
2.16 	appropriated to the commissioner to make grants under subdivision 4, and the commissioner 
2.17 	may retain up to 2.5 percent of any grant award to pay for the costs of administering the 
2.18 	grant.
2.19 		Subd. 4.Mattress recycling grants. The commissioner may use money appropriated 
2.20 	from the mattress recycling account to make grants to local governments to expand and 
2.21 	support mattress recycling programs in the state.