SF 1690

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 10:07 a.m.

A bill for an act
relating to environment; establishing stewardship program for circuit boards,
batteries, and electrical products; prohibiting mercury in batteries; authorizing
rulemaking; appropriating money; amending Minnesota Statutes 2024, sections
115A.03, by adding subdivisions; 115A.554; 115A.9157; 116.92, subdivision 6,
by adding a subdivision; 325E.125, subdivision 5; 325E.1251, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 115A; repealing
Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, 3;
325E.125, subdivisions 1, 2, 2a, 3, 4; 325E.1251, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Battery. new text end

new text begin "Battery" means one or more galvanic cells, including any structural
members, casing, and terminals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 10d. new text end

new text begin Facilitate a sale. new text end

new text begin "Facilitate a sale" means to assist a person in transferring
title or possession of a product, regardless of whether title or possession is ever acquired
by the person facilitating a sale, such as by operating an online marketplace, publishing an
offer for sale on a website, physically storing inventory of products, entering into a contract
to allow another person to list a product for sale, processing payment on behalf of another
person, entering into a contract with a buyer or a seller related to a sale, or otherwise
providing a sales process. Facilitate a sale does not include acting solely as:
new text end

new text begin (1) an advertiser;
new text end

new text begin (2) a payment processor; or
new text end

new text begin (3) a common carrier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 3.

new text begin [115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES;
DEFINITIONS.
new text end

new text begin (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this
section and section 115A.03.
new text end

new text begin (b) "Battery-containing product" means a product:
new text end

new text begin (1) in which a covered battery is contained;
new text end

new text begin (2) to which a covered battery is attached; or
new text end

new text begin (3) with which a covered battery is packaged.
new text end

new text begin (c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a
symbol, a word, or an identifier that attributes a product to the owner or licensee of the
brand.
new text end

new text begin (d) "Collection" means receipt of discarded covered batteries from a person, including
sorting and storage that are necessary for receipt and that are performed by the covered
battery collector. Collection does not include transport of a covered battery that occurs after
a covered battery collector receives the covered battery, except for transport by the covered
battery collector to or between a covered battery collection site or sites operated by the
covered battery collector.
new text end

new text begin (e) "Covered battery" means a loose battery or a battery that is easily removable. A
covered battery may be of any brand, type, physical size, energy capacity, or chemistry. A
covered battery includes a covered small battery, covered medium battery, or covered large
battery. A covered battery does not include:
new text end

new text begin (1) a lead acid battery regulated under sections 325E.115 and 325E.1151;
new text end

new text begin (2) a battery designed, manufactured, and intended solely for use in a motor vehicle;
new text end

new text begin (3) a battery contained within a medical device, as specified in United States Code, title
21, section 321(h), as it existed as of the effective date of this section, that is not designed
and marketed for sale or resale principally to consumers for personal use;
new text end

new text begin (4) a battery removed from a permanent, stationary, energy storage system that requires
installation and removal by an electrician licensed under chapter 326B;
new text end

new text begin (5) a battery transported into the state after the battery is collected in another state; or
new text end

new text begin (6) a battery subject to recall for safety reasons.
new text end

new text begin (f) "Covered battery collection site" means a physical location where a covered battery
collector collects covered batteries from other persons, regardless of whether the covered
battery collector operates the location permanently, temporarily, or for purposes of a
collection event.
new text end

new text begin (g) "Covered battery collector" means a person that collects covered batteries on behalf
of and under agreement with a covered battery stewardship organization and receives
reimbursement at the rates determined according to section 115A.1335 from the covered
battery stewardship organization for the covered battery collector's costs for collection of
the covered batteries.
new text end

new text begin (h) "Covered battery producer" means the following person responsible for compliance
with requirements under sections 115A.1331 to 115A.1347 for a covered battery sold,
including online sales, offered for sale or promotional purposes, or distributed in or into the
state:
new text end

new text begin (1) for a covered battery:
new text end

new text begin (i) if the covered battery is sold, offered, or distributed under a brand owned by the
person that manufactured the covered battery, the producer is the person that manufactured
the covered battery;
new text end

new text begin (ii) if the covered battery is sold, offered, or distributed under a brand owned by a person
other than the person that manufactured the covered battery, the producer is the person that
owned the brand;
new text end

new text begin (iii) if the covered battery is sold, offered, or distributed under a brand licensed to a
person, the producer is the person that is the licensee of the brand under which the covered
battery is sold, offered, or distributed, whether or not the brand is registered in the state;
new text end

new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the
producer is the person that imported the covered battery into the United States to be sold,
offered, or distributed; and
new text end

new text begin (v) if there is no person described in items (i) to (iv), the producer is the person that first
sold, offered, or distributed the covered battery in or into the state;
new text end

new text begin (2) for a covered battery contained in, attached to, or packaged with a battery-containing
product:
new text end

new text begin (i) if the battery-containing product is sold, offered, or distributed under a brand owned
by the person that manufactured it, the producer is the person that manufactured the
battery-containing product;
new text end

new text begin (ii) if the battery-containing product is sold, offered, or distributed under a brand owned
by a person other than the person that manufactured the battery-containing product, the
producer is the person that owned the brand;
new text end

new text begin (iii) if the battery-containing product is sold, offered, or distributed under a brand licensed
to a person, the producer is the person that is the licensee of the brand under which the
battery-containing product is sold, offered, or distributed, whether or not the brand is
registered in the state;
new text end

new text begin (iv) if there is no person described in items (i) to (iii) within the United States, the
producer is the person that imported the battery-containing product into the United States
to be sold, offered, or distributed; and
new text end

new text begin (v) if there is no person described in items (i) to (iv), the producer is the person that first
sold, offered, or distributed the battery-containing product in or into the state;
new text end

new text begin (3) notwithstanding clause (2), a producer does not include any person that manufactured,
imported into the United States, or sold, offered, or distributed in or into the state a
battery-containing product if the producer of the only covered batteries contained in, attached
to, or packaged with the battery-containing product is named as a participant by a covered
battery stewardship organization and both the person and the participant acknowledge such
in writing to the covered battery stewardship organization; and
new text end

new text begin (4) notwithstanding clauses (1) and (2), a person that voluntarily assumes the
responsibility of a producer of a covered battery and certifies that they have assumed the
responsibility of a producer in writing to the commissioner is the producer of the covered
battery.
new text end

new text begin (i) "Covered battery stewardship organization" means an organization that contracts
with one or more covered battery producers to meet the producers' obligations under sections
115A.1331 to 115A.1347.
new text end

new text begin (j) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared
according to section 115A.1335 and submitted to the commissioner by each covered battery
stewardship organization.
new text end

new text begin (k) "Covered battery stewardship program" means a system implemented by a covered
battery stewardship organization to manage all covered batteries offered to a covered battery
collector by arranging and paying for the collection, covered services, and all other activities
described in a covered battery stewardship plan approved by the commissioner under section
115A.1335, subdivision 4.
new text end

new text begin (l) "Covered large battery" means a covered battery that weighs more than 25 pounds
or has an energy capacity greater than 2,000 watt-hours or both. Covered large battery does
not include a battery that is designed, manufactured, and intended solely for use in
manufacturing, industrial, or other commercial settings.
new text end

new text begin (m) "Covered large battery collection site" means a covered battery collection site that
meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (b), and (e).
new text end

new text begin (n) "Covered medium battery" means a covered battery that weighs more than 11 pounds
but equal to or less than 25 pounds or has an energy capacity greater than 300 watt-hours
but equal to or less than 2,000 watt-hours.
new text end

new text begin (o) "Covered medium battery collection site" means a covered battery collection site
that meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (c), and
(e).
new text end

new text begin (p) "Covered services" means transportation, processing, recycling, and disposal of
covered batteries and residual materials after collection. Covered services does not include:
new text end

new text begin (1) repair or reuse of a covered battery by the collector; or
new text end

new text begin (2) transport of a covered battery by the covered battery collector that collected it to or
between a covered battery collection site or sites that are operated by the covered battery
collector.
new text end

new text begin (q) "Covered small battery" means a covered battery that weighs 11 pounds or less and
has an energy capacity of 300 watt-hours or less.
new text end

new text begin (r) "Covered small battery collection site" means a covered battery collection site that
meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (d), and (e).
new text end

new text begin (s) "Distribute" means to sell, offer, supply, ship, transport, or deliver a product to a
person that sells, offers, supplies, ships, transports, or delivers the product in or into the
state, regardless of whether title to the product is ever acquired by a person distributing the
product.
new text end

new text begin (t) "Easily removable" or "easily removed" means that a battery can be removed by a
single person from a product by hand or by hand and the use of only:
new text end

new text begin (1) a flathead, crosshead, or Phillips screwdriver;
new text end

new text begin (2) a paper clip;
new text end

new text begin (3) a coin; or
new text end

new text begin (4) a hex key.
new text end

new text begin (u) "Household hazardous waste management program" means a program established
under section 115A.96 to collect and manage household hazardous waste, as defined in
section 115A.96, that is established or operated by the agency or another public entity,
including but not limited to a political subdivision, state agency, or federally recognized
Tribe.
new text end

new text begin (v) "Independent auditor" means a certified public accountant that:
new text end

new text begin (1) holds a current active license under chapter 326A and rules adopted thereunder;
new text end

new text begin (2) is retained by a covered battery stewardship organization;
new text end

new text begin (3) is not otherwise employed by or affiliated with the commissioner or a covered battery
stewardship organization; and
new text end

new text begin (4) is qualified to conduct an audit under section 115A.1337, subdivision 6, clause (8).
new text end

new text begin (w) "Loose battery" means a battery that is not contained in or attached to a product. A
loose battery does not include a battery that is contained in an enclosure when the enclosure
is not integral to the operation of the battery.
new text end

new text begin (x) "Motor vehicle" has the meaning given in section 168.002.
new text end

new text begin (y) "Participant" means a covered battery producer that is named by a covered battery
stewardship organization as meeting the covered battery producer's obligations under sections
115A.1331 to 115A.1347. If one covered battery producer is named as a participant by
voluntarily assuming responsibility for a covered battery on behalf of other covered battery
producers under paragraph (h), clause (4), then all those covered battery producers are also
participants.
new text end

new text begin (z) "Rechargeable battery" means a battery that is designed and intended to have electrical
energy added to it by electrical or physical means after use.
new text end

new text begin (aa) "Residual material" means materials and wastes resulting from processing, recycling,
or disposal of covered batteries.
new text end

new text begin (bb) "Responsible market" means a market for covered batteries, for reclaimed materials
from collected covered batteries, or for any other recyclable residual material from collected
covered batteries that:
new text end

new text begin (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a
manner that protects the environment and minimizes risks to public health and worker health
and safety;
new text end

new text begin (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and
other laws governing environmental, health, safety, and financial responsibility;
new text end

new text begin (3) possesses all licenses and permits required by a federal or state agency or political
subdivision;
new text end

new text begin (4) if operating in the state, recycles batteries to the maximum extent practicable in
accordance with section 115A.02, paragraph (b); and
new text end

new text begin (5) minimizes adverse impacts to environmental justice areas.
new text end

new text begin (cc) "Specialized covered battery recycler" means a person that, if and as applicable, is
properly authorized by the commissioner or, if operating in another state or country, an
equivalent state, federal, or other governmental body, to process, recycle, or reclaim useful
materials from covered batteries.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 4.

new text begin [115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.
new text end

new text begin Subdivision 1. new text end

new text begin Due dates. new text end

new text begin (a) By July 1, 2027:
new text end

new text begin (1) each covered battery producer must contract with a covered battery stewardship
organization to act on the covered battery producer's behalf for purposes of complying with
the producer's obligations under sections 115A.1331 to 115A.1347; and
new text end

new text begin (2) each covered battery stewardship organization must:
new text end

new text begin (i) notify the commissioner that it has been designated by covered battery producers to
act on their behalf; and
new text end

new text begin (ii) provide to the commissioner its identity and contact information.
new text end

new text begin (b) By January 1, 2029, a covered battery stewardship organization must submit to the
commissioner a covered battery stewardship plan that meets all requirements of subdivision
2 for review under subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Plan content; budget requirement. new text end

new text begin (a) The covered battery stewardship plan
must include:
new text end

new text begin (1) identification of and contact information for the covered battery stewardship
organization;
new text end

new text begin (2) a description and example of contracts, including a list of all parties to the contracts,
that must:
new text end

new text begin (i) clearly grant the covered battery stewardship organization the authority to act on
behalf of the participants that the covered battery stewardship organization represents to
implement the covered battery stewardship plan;
new text end

new text begin (ii) include a statement of responsibility of the participants that the covered battery
stewardship organization represents to comply with the approved covered battery stewardship
plan; and
new text end

new text begin (iii) include a statement of responsibility of the participants that the covered battery
stewardship organization represents to fund the covered battery stewardship organization
as necessary to implement the covered battery stewardship plan, pay for associated costs,
and pay for fees and penalties assessed by the commissioner;
new text end

new text begin (3) identification of and contact information for all participants in the covered battery
stewardship program;
new text end

new text begin (4) identification of and contact information for each covered battery collector or
prospective covered battery collector that has agreed to operate covered battery collection
sites to collect covered batteries on behalf of the covered battery stewardship organization
and documentation of such agreements. A covered battery collection site may only be
included in one covered battery stewardship plan at a time;
new text end

new text begin (5) identification of and contact information for each person providing covered services
and the location of all facilities where covered services will be provided;
new text end

new text begin (6) identification and contact information for those persons that the covered battery
stewardship organization has contracted with and that will administer and implement the
covered battery stewardship program in accordance with section 115A.1337, subdivision
7. The relationship of the other persons to the covered battery stewardship organization and
their role in administering and implementing the covered battery stewardship program must
be described;
new text end

new text begin (7) the address, county of location, and, in a form prescribed by the commissioner,
geolocation data for each covered battery collection site to be served through the covered
battery stewardship organization under the covered battery stewardship program and
identification of those covered battery collection sites that are operated by a household
hazardous waste management program;
new text end

new text begin (8) a list of the brands covered under the covered battery stewardship program;
new text end

new text begin (9) eligibility criteria for prospective covered battery collectors;
new text end

new text begin (10) a description of how the covered battery stewardship program will provide
convenient, statewide collection according to subdivision 3 without collection of covered
batteries performed by collection sites on behalf of another covered battery stewardship
organization;
new text end

new text begin (11) a description of how the covered battery stewardship organization will annually
monitor and ensure continuing compliance with the convenience standards under subdivision
3;
new text end

new text begin (12) a description of how the covered battery stewardship organization will ensure each
covered battery collector is provided with the materials specified in section 115A.1337,
subdivision 1;
new text end

new text begin (13) a description of how covered battery collection sites will be accessible according
to section 115A.1337, subdivision 2;
new text end

new text begin (14) the performance standards for persons providing covered services for the covered
battery stewardship organization and the oversight methods by which the covered battery
stewardship organization will ensure continuing compliance with the performance standards.
The covered battery stewardship organization may determine performance standards, which
at a minimum must:
new text end

new text begin (i) accord with clauses (17) to (20), (22), (23), and (36);
new text end

new text begin (ii) ensure that covered services other than transportation are provided only by specialized
covered battery recyclers; and
new text end

new text begin (iii) ensure covered batteries and residual materials are managed through responsible
markets;
new text end

new text begin (15) a description of the oversight methods by which the covered battery stewardship
organization will ensure continuing compliance with the performance standards under clause
(14);
new text end

new text begin (16) a description of how the covered battery stewardship organization will ensure that
there are multiple persons providing covered services to ensure resiliency in the system;
new text end

new text begin (17) a description of methods by which the covered battery stewardship organization
will ensure that discarded covered batteries and residual materials managed under the covered
battery stewardship program are managed while in the state in compliance with rules adopted
under section 116.07 for managing solid waste and hazardous waste, when applicable, and,
when outside the state, with all applicable legal requirements for managing solid waste and
hazardous waste, as applicable;
new text end

new text begin (18) a description of the actions the covered battery stewardship organization will take
upon receiving information of potential or actual noncompliance under clause (17) by any
person handling covered batteries under the covered battery stewardship program;
new text end

new text begin (19) a description of methods by which the covered battery stewardship organization
will ensure that covered batteries and residual materials managed under the covered battery
stewardship program are managed in compliance with safety and health requirements for
employees administered by the Department of Labor and Industry and with fire protection
requirements administered by the Department of Public Safety while in the state and, when
outside the state, with all applicable federal, state, and local employee safety and health
requirements and fire protection requirements;
new text end

new text begin (20) a description of the actions the covered battery stewardship organization will take
upon receiving information of potential or actual noncompliance under clause (19) by any
person handling covered batteries under the covered battery stewardship program;
new text end

new text begin (21) a description of how the covered battery stewardship organization will ensure
sufficient and timely pickup and transport of covered batteries are provided to each covered
battery collection site so that the covered battery collection site can continuously and safely
collect and store covered batteries;
new text end

new text begin (22) a description of methods by which the covered battery stewardship organization
will ensure that covered batteries and residual materials managed under the covered battery
stewardship program are transported in compliance with applicable regulations incorporated
by reference under section 221.033 for transporting hazardous materials while in the state
and, when outside the state, with all applicable legal requirements for transporting hazardous
materials;
new text end

new text begin (23) a description of the actions the covered battery stewardship organization will take
upon receiving information of potential or actual noncompliance under clause (22) by any
person handling covered batteries under the covered battery stewardship program;
new text end

new text begin (24) a statement of indemnification by the covered battery stewardship organization to
covered battery collectors for potential liability for improper downstream management of
covered batteries or residual materials by providers of covered services arranged for by the
covered battery stewardship organization and identified in the covered battery stewardship
plan under clause (5);
new text end

new text begin (25) a description of how the covered battery stewardship organization will determine
and annually report the quantity of covered batteries collected under the covered battery
stewardship program by chemistry by weight;
new text end

new text begin (26) a description of the outreach and education methods and activities that the covered
battery stewardship organization will ensure are provided according to section 115A.1337,
subdivision 4;
new text end

new text begin (27) a description of how the covered battery stewardship organization will ensure that
there is at least one full-time representative of the covered battery stewardship organization
who is dedicated to implementing the covered battery stewardship program in this state and
serves as the primary contact between the covered battery stewardship organization and the
agency;
new text end

new text begin (28) the proposed reimbursement rates for covered battery collectors that are household
hazardous waste management programs, according to the following:
new text end

new text begin (i) the proposed reimbursement rates must cover all costs of collection incurred by the
covered battery collectors, which include but are not limited to:
new text end

new text begin (A) labor, overhead, and supplies;
new text end

new text begin (B) necessary collection and storage structures and containers;
new text end

new text begin (C) employee training; and
new text end

new text begin (D) necessary safety materials;
new text end

new text begin (ii) the covered battery stewardship organization may, on agreement with the covered
battery collectors, provide materials or services to covered battery collectors in lieu of
covering specific costs;
new text end

new text begin (iii) necessary safety materials described in item (i), subitem (D), do not include fire
safety infrastructure, such as fire sprinklers or fire detection systems; and
new text end

new text begin (iv) the covered battery stewardship organization must meet and agree on the proposed
reimbursement rates with covered battery collectors and prospective covered battery
collectors that are household hazardous waste management programs;
new text end

new text begin (29) the proposed reimbursement rates for covered battery collectors that are not
household hazardous waste management programs, according to the following:
new text end

new text begin (i) the proposed reimbursement rates must cover all of the following costs of collection
incurred by the covered battery collectors:
new text end

new text begin (A) necessary collection and storage structures, containers, and supplies;
new text end

new text begin (B) employee training; and
new text end

new text begin (C) necessary safety materials;
new text end

new text begin (ii) the proposed reimbursement rates may, on agreement with the covered battery
collectors, cover costs of collection in addition to those described in item (i);
new text end

new text begin (iii) the covered battery stewardship organization may, on agreement with the covered
battery collectors, provide materials or services to covered battery collectors in lieu of
covering specific costs;
new text end

new text begin (iv) necessary safety materials described in item (i), subitem (C), do not include fire
safety infrastructure, such as fire sprinklers or fire detection systems; and
new text end

new text begin (v) the covered battery stewardship organization must meet and agree on the proposed
reimbursement rates with covered battery collectors and prospective covered battery
collectors that are not household hazardous waste management programs;
new text end

new text begin (30) documentation that the covered battery collectors and prospective covered battery
collectors identified in clause (4) have agreed to the proposed reimbursement rates in clauses
(28) and (29);
new text end

new text begin (31) documentation that the number of covered battery collection sites identified in
clause (7) to be operated by the covered battery collectors identified in clause (4) are
sufficient to ensure that the covered battery stewardship organization will comply with the
convenience standards of subdivision 3;
new text end

new text begin (32) a description of the system by which the covered battery stewardship organization
will provide advance payment or reimbursement to covered battery collectors in a manner
that provides:
new text end

new text begin (i) periodic automatic payment of reimbursements at least annually; or
new text end

new text begin (ii) a process for submitting reimbursement requests and reasonable timelines for
reimbursement, at intervals no longer than monthly unless otherwise agreed to by the covered
battery collector;
new text end

new text begin (33) a description of the system by which the covered battery stewardship organization
will pay persons providing covered services in a manner that provides:
new text end

new text begin (i) a clear process for submitting invoices; and
new text end

new text begin (ii) reasonable timelines for payment, at intervals agreed to by the person providing
covered services;
new text end

new text begin (34) a description of how the covered battery stewardship program costs will be allocated
among participants, either individually or among groups of participants identified by the
covered battery stewardship organization, such that the costs of managing covered batteries
are allocated equitably. As part of this description, a clear assignment of responsibility for
costs of managing covered batteries subject to a voluntary or mandatory recall to the
participant or participants associated with those covered batteries and not other participants
must be included;
new text end

new text begin (35) a description of how the covered battery stewardship organization will comply with
subdivision 6, paragraph (b);
new text end

new text begin (36) a description of how the covered battery stewardship organization will ensure that
covered batteries and residual materials managed under the covered battery stewardship
program are managed to the maximum extent practicable in accordance with section 115A.02,
paragraph (b);
new text end

new text begin (37) a description of how the covered battery stewardship organization will take actions
within its purview and provide feedback for covered battery producers to enable
improvements in product design and material use, technology, and personnel training that
could raise the future maximum extent practicable for management described in clause (36),
including consideration of covered battery reuse, repair, and product life cycle;
new text end

new text begin (38) a description of how the covered battery stewardship organization will annually
report to the commissioner, by chemistry by weight, the end management through recycling
or disposal of covered batteries for which the covered battery stewardship program was
responsible during each calendar year; and
new text end

new text begin (39) a description of how the covered battery stewardship organization will take action
to decrease the incidence of covered batteries in solid waste in the state, including providing
collection opportunities under section 115A.1337, subdivision 2, paragraph (b).
new text end

new text begin (b) By January 1, 2029, and annually thereafter, the covered battery stewardship
organization must submit an anticipated annual budget for the covered battery stewardship
program for that calendar year, broken down into the covered battery stewardship program's
estimated costs for administration, collection, sorting after collection, storage after collection,
transportation after collection, processing, recycling, disposal, and communication, including
the cost of fees under section 115A.1339. The budget is not subject to review and approval
under subdivisions 4 and 5.
new text end

new text begin Subd. 3. new text end

new text begin Convenience standards. new text end

new text begin (a) The covered battery stewardship plan must provide
convenient, statewide collection for all covered batteries that are offered to covered battery
collectors by a person in the state, regardless of:
new text end

new text begin (1) a covered battery's type, physical size, energy capacity, or chemistry;
new text end

new text begin (2) a covered battery's brand; or
new text end

new text begin (3) the producer of a covered battery.
new text end

new text begin (b) A covered battery stewardship plan submitted by a covered battery stewardship
organization must independently meet the convenience standards in paragraphs (c) to (e)
without cost sharing, collaboration, or consideration of activities of another covered battery
stewardship organization.
new text end

new text begin (c) For covered small batteries, the covered battery stewardship organization must:
new text end

new text begin (1) in each county with a population of 10,000 or less, maintain at least two covered
small battery collection sites;
new text end

new text begin (2) in each county with a population greater than 10,000 but less than or equal to 100,000,
maintain at least two covered small battery collection sites and at least one additional covered
small battery collection site for each additional 10,000 in population above a population of
10,000;
new text end

new text begin (3) in each county with a population greater than 100,000, maintain at least 11 covered
small battery collection sites and at least one additional covered small battery collection
site for each additional 50,000 in population above a population of 100,000; and
new text end

new text begin (4) maintain a covered small battery collection site located within ten miles of the
household of at least 95 percent of the residents of the state.
new text end

new text begin (d) For covered medium batteries, the covered battery stewardship organization must:
new text end

new text begin (1) in each county with a population of 100,000 or less, maintain at least one covered
medium battery collection site;
new text end

new text begin (2) in each county with a population greater than 100,000, maintain at least two covered
medium battery collection sites and at least one additional covered medium battery collection
site for each additional 100,000 in population above a population of 100,000; and
new text end

new text begin (3) maintain a covered medium battery collection site located within ten miles of the
household of at least 95 percent of the residents of the state.
new text end

new text begin (e) For covered large batteries, the covered battery stewardship organization must
maintain at least four covered large battery collection sites in each of the 11 development
regions of the state, as designated by section 462.385, except for region 11, in which ten
large battery collection sites must be maintained.
new text end

new text begin (f) When demonstrating compliance with paragraphs (c), (d), and (e), a covered battery
stewardship organization may count:
new text end

new text begin (1) a covered large battery collection site as a covered medium battery collection site
and a covered small battery collection site; and
new text end

new text begin (2) a covered medium battery collection site as a covered small battery collection site.
new text end

new text begin (g) The covered battery stewardship organization must ensure no net loss in estimated
collection convenience and capacity for covered batteries from the program in place on
January 1, 2026.
new text end

new text begin (h) Upon a showing by the covered battery stewardship organization that meeting the
convenience standard of paragraph (c), (d), or (e), for a specific county or development
region would cause undue hardship to the covered battery stewardship organization, the
commissioner may approve an alternative convenience standard if the proposed alternative
convenience standard would reasonably result in equivalent covered battery collection
convenience.
new text end

new text begin Subd. 4. new text end

new text begin Review of covered battery stewardship plan; implementation. new text end

new text begin (a) Within
120 days after receiving a complete covered battery stewardship plan submitted under this
section, the commissioner must determine whether the stewardship plan complies with this
section and will ensure that elements required by subdivision 2, paragraph (a), will be met
to the maximum extent practicable. The commissioner must provide a written notice of
determination according to this subdivision.
new text end

new text begin (b) In conducting a review of a covered battery stewardship plan, the commissioner may
consult with interested parties.
new text end

new text begin (c) For at least 30 days before approving a covered battery stewardship plan, the
commissioner must place the stewardship plan on the agency's publicly accessible website
for public review and comment.
new text end

new text begin (d) If the commissioner determines that a covered battery stewardship plan fails to
comply with this section or will not ensure that elements required by subdivision 2, paragraph
(a), will be met to the maximum extent practicable, the commissioner must reject the covered
battery stewardship plan. The commissioner must provide a written notice of determination
to the covered battery stewardship organization describing the reasons for the rejection.
new text end

new text begin (e) After any consultation under paragraph (b) and review of public comments received
under paragraph (c), if the commissioner determines that a covered battery stewardship plan
will ensure that elements required by subdivision 2, paragraph (a), will be met to the
maximum extent practicable, the commissioner must approve the covered battery stewardship
plan. The commissioner must provide a written notice of determination to the covered
battery stewardship organization and must publish the approved covered battery stewardship
plan on the agency's publicly accessible website within 30 days after approval.
new text end

new text begin (f) The covered battery stewardship organization must implement the covered battery
stewardship plan approved by the commissioner, including any amendments to the
stewardship plan that are approved by the commissioner according to subdivision 5, within
60 days after receiving written notice of approval.
new text end

new text begin (g) For each covered battery stewardship plan or amendment submitted to the
commissioner for review, the commissioner may consider the data submitted according to
section 115A.1337, subdivision 6, and other relevant information to establish requirements
to improve the effectiveness, performance, and awareness of the covered battery stewardship
program.
new text end

new text begin Subd. 5. new text end

new text begin Amending or terminating a covered battery stewardship plan. new text end

new text begin (a) The
covered battery stewardship organization may amend a covered battery stewardship plan
approved under subdivision 4 without review or approval by the commissioner to make the
changes specified in clauses (1) to (3). Within 30 days after adopting an amendment under
this paragraph, the covered battery stewardship organization must report the amendment to
the commissioner and the commissioner must publish the amended stewardship plan on the
agency's publicly accessible website. The covered battery stewardship organization must
implement amendments made to a stewardship plan under this paragraph within 60 days
after adopting the amendment. The covered battery stewardship organization may:
new text end

new text begin (1) add; terminate, when authorized under section 115A.1337, subdivision 1, if applicable;
or replace a covered battery collector, collection site, person providing covered services,
or facility where covered services will be performed;
new text end

new text begin (2) add or remove participants or brands covered under the covered battery stewardship
plan; or
new text end

new text begin (3) change contact staff or contact staff information for a covered battery stewardship
organization, participants, covered battery collectors, or persons providing covered services.
new text end

new text begin (b) Except for an amendment under paragraph (a), a covered battery stewardship plan
containing any amendment must be submitted to and reviewed and approved by the
commissioner before it may be implemented by the covered battery stewardship organization.
The commissioner must review and approve or reject the covered battery stewardship plan
containing the proposed amendment according to subdivision 4.
new text end

new text begin (c) The covered battery stewardship organization must submit an amended covered
battery stewardship plan for review:
new text end

new text begin (1) at least every five years according to this subdivision and subdivision 4; or
new text end

new text begin (2) within 60 days if the commissioner determines that an amended stewardship plan is
necessary to implement sections 115A.1331 to 115A.1347.
new text end

new text begin (d) The covered battery stewardship organization may terminate a covered battery
stewardship plan only:
new text end

new text begin (1) by providing at least 90 days' written notice to the commissioner and to all covered
battery stewardship organizations and participants in the covered battery stewardship
program; and
new text end

new text begin (2) after a replacement covered battery stewardship plan submitted by the covered battery
stewardship organization or a new covered battery stewardship organization is approved
by the commissioner under subdivision 4.
new text end

new text begin (e) The commissioner may terminate a covered battery stewardship plan for good cause,
as defined in paragraph (f). If the commissioner terminates a covered battery stewardship
plan, the commissioner must provide the covered battery stewardship organization with
written notice of termination describing the good cause for termination. The commissioner
must also notify all participants in the covered battery stewardship program in writing of
the termination, using the contact information for the participants provided in the covered
battery stewardship plan.
new text end

new text begin (f) For purposes of paragraph (e), "good cause" includes but is not limited to:
new text end

new text begin (1) failure by the covered battery stewardship organization to:
new text end

new text begin (i) fully and accurately disclose required or requested information to the commissioner;
new text end

new text begin (ii) comply with the terms of sections 115A.1331 to 115A.1347; or
new text end

new text begin (iii) pay fees or penalties owed to the commissioner or comply with an order lawfully
issued by the commissioner; and
new text end

new text begin (2) a finding that the covered battery stewardship organization's activities endanger
human health or the environment and the danger cannot reasonably be removed by an
amendment to the covered battery stewardship plan.
new text end

new text begin Subd. 6. new text end

new text begin Compliance. new text end

new text begin (a) The covered battery stewardship organization must comply
with the covered battery stewardship plan approved by the commissioner, including any
amendments to the stewardship plan that are made according to subdivision 5, paragraph
(a) or (b). The covered battery stewardship organization must ensure that all participants,
covered battery collectors, and persons providing covered services acting on behalf of the
covered battery stewardship organization also comply with the stewardship plan and are
responsible to the covered battery stewardship organization and to the commissioner for
compliance.
new text end

new text begin (b) The covered battery stewardship organization must ensure that covered battery
collectors are reimbursed according to the reimbursement rates approved by the commissioner
according to this section and the system described in the covered battery stewardship plan.
new text end

new text begin (c) The covered battery stewardship organization must ensure that all costs of the covered
battery stewardship program as specified in sections 115A.1331 to 115A.1347 are fully
paid for by participants. All costs of the covered battery stewardship program must be
allocated fairly between groups of participants without any fee, charge, surcharge, or any
other cost to:
new text end

new text begin (1) any member of the public;
new text end

new text begin (2) any business other than a covered battery producer;
new text end

new text begin (3) any covered battery collector;
new text end

new text begin (4) any person providing covered services;
new text end

new text begin (5) the state or any political subdivision; or
new text end

new text begin (6) any other person that is not a covered battery producer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 5.

new text begin [115A.1337] COVERED BATTERY STEWARDSHIP ORGANIZATION;
DUTIES AND STRUCTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Duties to covered battery collectors. new text end

new text begin (a) The covered battery stewardship
organization must ensure that the following are provided to each covered battery collector:
new text end

new text begin (1) reimbursement at the rates determined according to section 115A.1335 and the system
described in the covered battery stewardship plan;
new text end

new text begin (2) pickup and transport of collected covered batteries from each covered battery
collection site in sufficient time and quantity to allow the covered battery collector to safely
receive covered batteries without interruption or cost to the covered battery collector;
new text end

new text begin (3) appropriate containers for storage and transportation of covered batteries and supplies
necessary for the collection of covered batteries;
new text end

new text begin (4) signage to identify collection sites and the covered batteries accepted at the collection
sites;
new text end

new text begin (5) training for covered battery collection site employees on identifying and safely
handling and storing covered batteries, including damaged, defective, or recalled batteries,
also known as DDR batteries; and
new text end

new text begin (6) educational materials that address the information described in subdivision 4,
paragraph (a), clause (3), for distribution to members of the public and businesses in
Minnesota. The educational materials must be made available in English and at least the
three languages most commonly spoken at homes in the state other than English, according
to the state demographer.
new text end

new text begin (b) The covered battery stewardship organizations must consider the request of a covered
battery collector to perform covered services if the covered battery collector meets the
performance standards in the covered battery stewardship plan under section 115A.1335,
subdivision 2, paragraph (a), clause (14), and the covered battery collector and the covered
battery stewardship organization agree after negotiation in good faith on the fees to be paid
to the covered battery collector for performing the covered services. The covered battery
stewardship plan must identify the covered battery collector as providing covered services
according to section 115A.1335, subdivision 2, paragraph (a), clause (5).
new text end

new text begin (c) The covered battery stewardship organizations must allow the following persons to
serve as a covered battery collector:
new text end

new text begin (1) a person that agrees to operate or continues to operate a covered battery collection
site in compliance with section 115A.1341, subdivision 1, paragraphs (a) and (e), and with
paragraph (b), (c), or (d), as applicable, and with:
new text end

new text begin (i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (17) to
(20), (22), and (23), and any other applicable provisions of the covered battery stewardship
plan in section 115A.1335; and
new text end

new text begin (ii) section 115A.1341; and
new text end

new text begin (2) a household hazardous waste management program.
new text end

new text begin (d) The covered battery stewardship organization may terminate a covered battery
collector, except a household hazardous waste management program, and cease payment
to the covered battery collector for good cause. Good cause under this paragraph does not
include accepting a battery subject to recall. The covered battery stewardship organization
may suspend a covered battery collector that is a household hazardous waste management
program and cease payment to the covered battery collector for good cause with the approval
of the commissioner, until the commissioner determines that the household hazardous waste
management program is compliant with sections 115A.1331 to 115A.1347.
new text end

new text begin Subd. 2. new text end

new text begin Accessibility. new text end

new text begin (a) The covered battery stewardship program must provide
convenient, equitable, and accessible service to all persons in Minnesota, including but not
limited to people of color; Minnesota Tribal governments as defined in section 10.65,
subdivision 2; those that are non-English speaking; immigrant and refugee communities;
those with limited access to transportation; and those in environmental justice areas.
new text end

new text begin (b) The covered battery stewardship program must include collection opportunities
beyond those required under section 115A.1335, subdivision 3, to better serve populations
under paragraph (a).
new text end

new text begin (c) Where feasible, the covered battery stewardship program must encourage establishing
covered battery collection sites in proximity to local public transit.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin The covered battery stewardship organization must ensure that
covered batteries and residual materials managed under the covered battery stewardship
program are managed according to the performance standards in section 115A.1335,
subdivision 2, paragraph (a), clause (14), by all persons providing covered services.
new text end

new text begin Subd. 4. new text end

new text begin Program effectiveness. new text end

new text begin (a) To support the effectiveness of the covered battery
stewardship program, the covered battery stewardship organization must provide outreach
and education to:
new text end

new text begin (1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate
a sale of covered batteries in or into the state, to inform them of the requirements of section
115A.1347, subdivision 2;
new text end

new text begin (2) potential covered battery collectors and persons that are collecting covered batteries
before the effective date of this section to inform them how to request coverage by the
covered battery stewardship program; and
new text end

new text begin (3) members of the public to raise awareness of:
new text end

new text begin (i) public health and safety and environmental risks caused by improperly charging,
storing, and disposing of covered batteries;
new text end

new text begin (ii) the need to safely charge and store covered batteries;
new text end

new text begin (iii) the benefits of recycling covered batteries in contrast to disposal; and
new text end

new text begin (iv) the existence of the covered battery stewardship program and the ability to manage
covered batteries at no cost, including the location and convenience of covered battery
collection sites in the state.
new text end

new text begin (b) The covered battery stewardship organization must maintain a publicly accessible
website to locate covered battery collection sites through map-based and text-based searches.
new text end

new text begin (c) The commissioner may determine the effectiveness of the covered battery stewardship
program using information from waste composition studies under section 115A.412 and
other information available to the commissioner. The commissioner may require the covered
battery stewardship organization to submit for approval proposals that when implemented
would decrease the incidence of covered batteries in solid waste in accordance with section
115A.1335, subdivision 2, paragraph (a), clause (39). The covered battery stewardship
organization must implement a proposal that is approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Stakeholder consultation. new text end

new text begin (a) Covered battery stewardship organizations must
jointly and regularly consult with stakeholders associated with covered batteries. At least
one consultation meeting must occur before each covered battery stewardship plan is
submitted to the commissioner.
new text end

new text begin (b) Consultation meetings are to:
new text end

new text begin (1) assist with drafting and continuous review of a covered battery stewardship
organization's outreach and education activities, including but not limited to signage and
educational materials; and
new text end

new text begin (2) make recommendations to a covered battery stewardship organization and the
commissioner to continuously improve the effectiveness of the outreach and education
activities and maximize participation in a covered battery stewardship program.
new text end

new text begin (c) Meetings must include representatives of stakeholders of the covered battery
stewardship program, including but not limited to the commissioner, household hazardous
waste management programs, covered battery collectors that are not household waste
management programs, persons providing or that might provide covered services, producers,
and other persons providing statewide representation.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin By June 1 each year after a covered battery stewardship plan is
approved under section 115A.1335, subdivision 4, the covered battery stewardship
organization must report to the commissioner, in a form and manner prescribed by the
commissioner, on the covered battery stewardship organization's activities during the
preceding calendar year. The report must include:
new text end

new text begin (1) the address, county of location, and geolocation data for each covered battery
collection site served by the covered battery stewardship program during the preceding
calendar year;
new text end

new text begin (2) the chemistry by weight of covered batteries collected during each calendar year, in
accordance with section 115A.1335, subdivision 2, paragraph (a), clause (25);
new text end

new text begin (3) a description by chemistry by weight of the end management through recycling or
disposal of the covered batteries shipped from covered battery collection sites under the
covered battery stewardship program, in accordance with section 115A.1335, subdivision
2, paragraph (a), clause (38);
new text end

new text begin (4) the method or methods of verification used by the covered battery stewardship
organization to ensure that the description in clause (3) accurately reflects the actual end
management of the covered batteries;
new text end

new text begin (5) the effectiveness of the covered battery stewardship organization's efforts to decrease
the incidence of covered batteries in solid waste in the state, in accordance with section
115A.1335, subdivision 2, paragraph (a), clause (39);
new text end

new text begin (6) a summary of the results of the oversight according to section 115A.1335, subdivision
2, paragraph (a), clause (14);
new text end

new text begin (7) a description of outreach and education activities provided by the covered battery
stewardship organization during the preceding calendar year according to subdivision 4;
new text end

new text begin (8) a financial report on the covered battery stewardship program, including actual costs
and funding compared to the budget for the year submitted under section 115A.1335,
subdivision 2, paragraph (b). The financial report must include an audit report of the covered
battery stewardship program, including the covered battery stewardship organization and
any additional covered battery stewardship organizations, by an independent auditor. The
independent auditor may be selected by the covered battery stewardship organization and
may be rejected by the commissioner for good cause. If the commissioner rejects an
independent auditor, the covered battery stewardship organization must select a different
independent auditor for approval or rejection by the commissioner;
new text end

new text begin (9) the proposed and actual budget for the period covered by the report; and
new text end

new text begin (10) starting on the second April after the covered battery stewardship organization's
first covered battery stewardship plan is approved by the commissioner, and then every
third year thereafter, a performance audit of the covered battery stewardship program. The
performance audit must conform to audit standards established by the United States
Government Accountability Office; the National Association of State Auditors, Comptrollers
and Treasurers; or another nationally recognized organization approved by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Organization of a covered battery stewardship organization. new text end

new text begin (a) A covered
battery stewardship organization must comply with section 5.36.
new text end

new text begin (b) A covered battery stewardship organization may contract with any persons to
implement or administer a portion or portions of the covered battery stewardship plan or to
coordinate with a group or groups of participants.
new text end

new text begin (c) A contract established under paragraph (b) must be described under section
115A.1335, subdivision 2, paragraph (a), clause (6).
new text end

new text begin (d) Notwithstanding any contract established under paragraph (b), the covered battery
stewardship organization must:
new text end

new text begin (1) submit a covered battery stewardship plan to the commissioner meeting the
requirements of sections 115A.1331 to 115A.1347;
new text end

new text begin (2) submit a report to the commissioner according to subdivision 6 meeting the
requirements of sections 115A.1331 to 115A.1347;
new text end

new text begin (3) serve as the single point of contact for reporting, reimbursement, and payment to the
agency; and
new text end

new text begin (4) maintain all responsibility and liability for compliance with all other requirements
of sections 115A.1331 to 115A.1347 applicable to the covered battery stewardship
organization.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027.
new text end

Sec. 6.

new text begin [115A.1339] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative fees. new text end

new text begin (a) By October 1, 2027, the commissioner must
calculate the sum of all costs that the agency incurred to implement and administer sections
115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027.
new text end

new text begin (b) By December 1, 2027, the commissioner must assess an administrative fee and
equally split the fee among all covered battery stewardship organizations at an amount that
is adequate to reimburse the agency's costs calculated under paragraph (a). A covered battery
stewardship organization must pay the assessed administrative fee by the due date set by
the commissioner.
new text end

new text begin (c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum
of all costs that the agency incurred to implement and administer sections 115A.1331 to
115A.1347 during the six months of July through December of the preceding calendar year.
By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of
all costs that the agency incurred to implement and administer sections 115A.1331 to
115A.1347 during the six months of January through June of that calendar year.
new text end

new text begin (d) Notwithstanding section 16A.1283, the commissioner must semiannually assess the
annual administrative fees and equally split the fees among all covered battery stewardship
organizations at an amount that is adequate to reimburse the agency's costs calculated under
paragraph (c). A covered battery stewardship organization must pay the assessed
administrative fees by the due dates set by the commissioner.
new text end

new text begin (e) All agency costs calculated under this subdivision may be recovered in a civil action
brought by the attorney general against any person that may be liable under this subdivision
or any other law. Any costs that are recovered by the attorney general, including any award
of attorney fees, must be deposited in the covered battery stewardship account in the special
revenue fund.
new text end

new text begin Subd. 2. new text end

new text begin Disposition of fees. new text end

new text begin The total amount of net fees collected under this section
must not exceed the amount necessary to reimburse agency costs as calculated under
subdivision 1. All fees received under subdivision 1 must be deposited in the state treasury
and credited to a covered battery stewardship account in the special revenue fund. The
amount collected under this section is annually appropriated to the commissioner to
implement and enforce sections 115A.1331 to 115A.1347.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 7.

new text begin [115A.1341] COVERED BATTERY COLLECTOR DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Accepting covered batteries. new text end

new text begin (a) All covered battery collectors must
accept covered batteries of any brand, type, or chemistry without imposing a fee, charge,
surcharge, or other cost to any person other than the covered battery stewardship organization.
new text end

new text begin (b) At a covered large battery collection site, a covered battery collector must accept
from any person daily at least:
new text end

new text begin (1) ten covered small batteries;
new text end

new text begin (2) four covered medium batteries; and
new text end

new text begin (3) two covered large batteries.
new text end

new text begin (c) At a covered medium battery collection site, a covered battery collector must accept
from any person daily at least:
new text end

new text begin (1) ten covered small batteries; and
new text end

new text begin (2) four covered medium batteries.
new text end

new text begin (d) At a covered small battery collection site, a covered battery collector must accept
from any person daily at least ten covered small batteries.
new text end

new text begin (e) A covered battery collection site must be open to receiving covered batteries at least
12 operating hours per week, 50 weeks each calendar year.
new text end

new text begin (f) A household hazardous waste management program may accept covered batteries at
any covered battery collection site that the program operates.
new text end

new text begin (g) A covered battery stewardship organization may count a covered battery collection
site when demonstrating compliance with the convenience standards under section
115A.1335, subdivision 3, only if the covered battery collection site complies with paragraph
(b), (c), or (d).
new text end

new text begin Subd. 2. new text end

new text begin Storing accepted covered batteries. new text end

new text begin A covered battery collector must manage
and store all accepted covered batteries safely and in compliance with all applicable federal,
state, and local laws, including but not limited to applicable rules adopted under section
116.07 for managing solid waste and hazardous waste.
new text end

new text begin Subd. 3. new text end

new text begin Training. new text end

new text begin A covered battery collector must ensure and document that training
is provided for covered battery collection site employees on identifying and safely handling
and storing covered batteries, including damaged, defective, or recalled batteries, also known
as DDR batteries. The covered battery collector may provide the training or may receive
training through the covered battery stewardship organization.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping. new text end

new text begin (a) A covered battery collector must maintain records as
specified in this paragraph for at least three years and make the records available to the
commissioner for inspection. The records must include the chemistry by weight of covered
batteries and any additional information required by the commissioner. The records must
document for each calendar year the covered batteries:
new text end

new text begin (1) accepted at a covered battery collection site; and
new text end

new text begin (2) shipped from a covered battery collection site.
new text end

new text begin (b) A covered battery collector must maintain documentation of each employee's training
related to covered batteries starting on the date of training and for at least three years
following the last day that the employee worked for the covered battery collector.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2029.
new text end

Sec. 8.

new text begin [115A.1345] OTHER AUTHORITIES AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Limited private right of action against producers. new text end

new text begin (a) Except as
provided in paragraph (d), the covered battery stewardship organization may maintain a
civil action against one or more covered battery producers to recover a portion of the covered
battery stewardship organization's costs and additional amounts according to this subdivision.
new text end

new text begin (b) Damages recoverable under this subdivision may not exceed a fair share of the actual
costs incurred by the plaintiff covered battery stewardship organization under sections
115A.1331 to 115A.1347; of managing covered batteries of other covered battery producers
that were not participants; or that should otherwise have been due to the covered battery
stewardship organization. Additional amounts recoverable under this subdivision include
an award of reasonable attorney fees and costs. If a defendant covered battery producer did
not participate in the covered battery stewardship program during the period when covered
batteries of the defendant were managed by the plaintiff covered battery stewardship
organization, a punitive sum of up to three times the damages awarded may be assessed.
new text end

new text begin (c) A plaintiff covered battery stewardship organization may establish a defendant
covered battery producer's fair share of the plaintiff's actual costs by providing the court
with information establishing the process by which the defendant covered battery producer's
share of covered battery stewardship program costs would have been allocated had the
defendant covered battery producer been a participant in the program or paid its allocated
share if it was a participant. The plaintiff covered battery stewardship organization may use
data from covered battery producers similar in covered battery, financial status, or market
share to the defendant covered battery producer to provide the information.
new text end

new text begin (d) An action may not be commenced under this subdivision against a potential defendant
until 60 days after the plaintiff provides to all potential defendants a written notice of the
claim setting forth the amount of the claim and the basis for the calculation of the amount.
new text end

new text begin (e) No action may be brought under this subdivision against a person other than a covered
battery producer.
new text end

new text begin (f) The commissioner may not be a party to or be required to provide assistance or
otherwise participate in a civil action authorized under this subdivision unless subject to a
subpoena before a court of jurisdiction.
new text end

new text begin Subd. 2. new text end

new text begin Conduct authorized. new text end

new text begin A covered battery producer or covered battery stewardship
organization that organizes collection and covered services for covered batteries under
sections 115A.1331 to 115A.1347 is immune from liability for the conduct under state laws
relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
or commerce only to the extent that the conduct is necessary to plan and implement the
covered battery producer's or covered battery stewardship organization's chosen system.
new text end

new text begin Subd. 3. new text end

new text begin Duty to retain and provide information. new text end

new text begin (a) Upon request of the commissioner
for purposes of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125,
a person must furnish to the commissioner any information that the person has or may
reasonably obtain.
new text end

new text begin (b) A covered battery stewardship organization must retain any information referenced
in a covered battery stewardship plan or report required under section 115A.1337 for at
least three years after the termination of the covered battery stewardship plan.
new text end

new text begin Subd. 4. new text end

new text begin Contracts. new text end

new text begin (a) Any person awarded a contract under chapter 16C for purchase
or lease of covered batteries that is found to be in violation of sections 115A.1331 to
115A.1347 is subject to the following sanctions:
new text end

new text begin (1) the contract must be voided if the commissioner of administration determines that
the potential adverse impact to the state is exceeded by the benefit obtained from voiding
the contract; and
new text end

new text begin (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part
1230.1150.
new text end

new text begin (b) If the attorney general establishes that any money, property, or benefit was obtained
by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in
addition to any other remedy, order the disgorgement of the unlawfully obtained money,
property, or benefit.
new text end

new text begin Subd. 5. new text end

new text begin Multistate implementation. new text end

new text begin The commissioner may participate in establishing
a regional multistate organization or compact to assist in carrying out the requirements of
sections 115A.1331 to 115A.1347.
new text end

new text begin Subd. 6. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules to implement sections 115A.1331
to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking
under this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Batteries subject to recall for safety reasons. new text end

new text begin All costs for receipt, sorting,
storage, transport, processing, recycling, and disposal of a battery subject to recall for safety
reasons that would otherwise be a covered battery are the responsibility of the person that
would otherwise be the covered battery producer of the battery. A covered battery stewardship
organization may charge that person for any costs incurred by the covered battery stewardship
organization managing such a battery. The covered battery stewardship organization may
take action under subdivision 1 to recover such costs. A covered battery stewardship
organization is responsible only for collection and management of such a battery if received
by a covered battery collector, and not any other actions associated with recall of the battery.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 9.

new text begin [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;
COVERED BATTERY SALES RESTRICTION.
new text end

new text begin Subdivision 1. new text end

new text begin Disposal prohibition. new text end

new text begin (a) A person may not place a covered battery into:
new text end

new text begin (1) solid waste; or
new text end

new text begin (2) a recycling container that a covered battery collector has not clearly marked for use
for collecting covered batteries.
new text end

new text begin (b) A person must manage a covered battery that is discarded by delivering the covered
battery to a covered battery collection site or to a recycling facility for covered batteries.
new text end

new text begin (c) Until recycled, covered batteries are not exempt from any applicable rules adopted
under section 116.07 for managing hazardous waste.
new text end

new text begin Subd. 2. new text end

new text begin Labeling and sale; requirements. new text end

new text begin (a) A person may not sell, including online
sales; offer for sale or promotional purposes; distribute; or facilitate a sale of a covered
battery in or into the state unless the covered battery is labeled as required under clauses
(1) and (2). Labeling under this paragraph must be permanently marked on or affixed to the
covered battery and must use language, graphics, or a QR code. A QR code must be
compliant with International Organization of Standardization 18004:2015 and access
equivalent data via the Internet that is available without a fee or a requirement to create an
account. The labeling must identify:
new text end

new text begin (1) the battery chemistry employed to store energy in the battery; and
new text end

new text begin (2) the manufacturer of the battery or the brand under which the battery will be sold.
new text end

new text begin (b) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute; or facilitate a sale of a covered battery or a battery-containing product in or into
the state unless:
new text end

new text begin (1) the covered battery producer is named as a participant in a covered battery stewardship
plan approved by the commissioner published under section 115A.1335, subdivision 4;
new text end

new text begin (2) the brand is named as covered in the covered battery stewardship plan approved by
the commissioner published under section 115A.1335, subdivision 4; or
new text end

new text begin (3) the covered battery stewardship organization with which the covered battery producer
is a participant has obtained approval of reimbursement rates according to section 115A.1335.
new text end

new text begin (c) A person may not sell, including online sales; offer for sale or promotional purposes;
distribute; or facilitate a sale of a covered battery or a battery-containing product in or into
the state if the covered battery stewardship plan under which the covered battery was covered
has been terminated under section 115A.1335, subdivision 5, until a new covered battery
stewardship plan is approved under section 115A.1335, subdivision 4.
new text end

new text begin (d) This subdivision does not apply to sales, including online sales; offers for sale or
promotional purposes; distribution; or facilitation of a sale of a used covered battery or used
battery-containing product.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2029.
new text end

Sec. 10.

Minnesota Statutes 2024, section 115A.554, is amended to read:

115A.554 AUTHORITY OF SANITARY DISTRICTS.

A sanitary district has the authorities and duties of counties within the district's boundary
for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;
115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; deleted text begin 115A.961; deleted text end
116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2029.
new text end

Sec. 11.

Minnesota Statutes 2024, section 115A.9157, is amended to read:

115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.

Subdivision 1.

Definition.

deleted text begin For the purpose of this section, "rechargeable battery" means
a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery,
except a rechargeable battery governed by section 115A.9155 or exempted by the
commissioner under subdivision 9. deleted text end new text begin The terms used in this section have the meanings given
in sections 115A.03 and 115A.1331.
new text end

Subd. 2.

Prohibition.

deleted text begin Effective August 1, 1991, a person may not place in mixed
municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a
nonremovable rechargeable battery, or a product powered by rechargeable batteries or
rechargeable battery pack, from which all batteries or battery packs have not been removed. deleted text end new text begin
A person may not place a product powered by rechargeable batteries in solid waste unless
all batteries have been removed from the product.
new text end

Subd. 3.

Collection and management costs.

A manufacturer of deleted text begin rechargeable batteries
or deleted text end products powered by rechargeable batteries new text begin that are not easily removable from the products new text end
is responsible for the costs of collecting and managing its deleted text begin waste rechargeable batteries and
waste deleted text end products new text begin under subdivision 5 new text end to ensure that the new text begin products and new text end batteries are not part of
the solid waste stream.

Subd. 5.

Collection and management programs.

(a) deleted text begin By September 20, 1995, the
manufacturers deleted text end new text begin A manufacturer under subdivision 3 new text end or their representative organization shall
implement new text begin a new text end permanent deleted text begin programs, based on the results of the pilot projects required in
Minnesota Statutes 1994, section 115A.9157, subdivision 4, deleted text end new text begin program new text end that may be reasonably
expected to collect 90 percent of the deleted text begin waste rechargeable batteries and the deleted text end participating
deleted text begin manufacturers' deleted text end new text begin manufacturer's new text end products powered by rechargeable batteries new text begin that are not easily
removable from the products and new text end that are generated new text begin as waste new text end in the state. The deleted text begin batteries and deleted text end
products collected must be recycled or otherwise managed or disposed of properly.

(b) In every odd-numbered year deleted text begin after 1995 deleted text end , each manufacturer or a representative
organization shall provide information to the new text begin commissioner and the new text end senate and house of
representatives committees having jurisdiction over environment and natural resources and
environment and natural resources finance that specifies at least the estimated amount of
new text begin battery-containing products powered by new text end rechargeable batteries new text begin that are not easily removed
from the products new text end subject to this section deleted text begin sold deleted text end new text begin generated as waste new text end in the state by deleted text begin each deleted text end
manufacturer deleted text begin and deleted text end new text begin , new text end the amount of deleted text begin batteries each deleted text end new text begin such products new text end collected during the previous
two years new text begin , and the methodology used to calculate those amounts new text end . A representative
organization may report the amounts in aggregate for all the members of the organization.

Subd. 6.

deleted text begin List of participants deleted text end new text begin Program notice new text end .

A manufacturer or its representative
organization shall inform new text begin the commissioner and new text end the committees listed in subdivision 5 when
they begin deleted text begin participating in the projects and programs deleted text end new text begin implementing a program under
subdivision 5 new text end and immediately if they deleted text begin withdraw participation deleted text end new text begin stop implementing a program new text end .

Subd. 7.

Contracts.

A manufacturer or a representative organization of manufacturers
may contract with deleted text begin the state or a political subdivision deleted text end new text begin any person new text end to provide collection services
under this section. The manufacturer or organization shall fully reimburse the deleted text begin state or
political subdivision deleted text end new text begin person new text end for the value of any contractual services rendered under this
subdivision.

Subd. 8.

Anticompetitive conduct.

A manufacturer or organization of manufacturers
and its officers, members, employees, and agents who participate in deleted text begin projects or programs
to collect and properly manage waste rechargeable batteries or products powered by
rechargeable batteries deleted text end new text begin a program under this section new text end are immune from liability under state
law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of
trade or commerce for activities related to the collection and management of deleted text begin batteries and deleted text end
products required under this section.

deleted text begin Subd. 9. deleted text end

deleted text begin Exemptions. deleted text end

deleted text begin To ensure that new types of batteries do not add additional
hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner
of the agency may exempt a new type of rechargeable battery from the requirements of this
section if it poses no unreasonable hazard when placed in and processed or disposed of as
part of a mixed municipal solid waste.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 12.

Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:

Subd. 6.

Mercury thermometers prohibited.

(a) A manufacturer, wholesaler, or retailer
may not sell or distribute at no cost a thermometer containing mercury that was manufactured
after June 1, 2001.

(b) Paragraph (a) does not apply to an electronic thermometer with a battery containing
mercury if the battery is in compliance with deleted text begin section 325E.125 deleted text end new text begin subdivision 8l new text end .

(c) A manufacturer is in compliance with this subdivision if the manufacturer:

(1) has received an exclusion or exemption from a state that is a member of the Interstate
Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no
alternative is available or for an application when no feasible alternative is available;

(2) submits a copy of the approved exclusion or exemption to the commissioner; and

(3) meets all of the requirements in the approved exclusion or exemption for the
manufacturer's activities within the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2029.
new text end

Sec. 13.

Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to
read:

new text begin Subd. 8l. new text end

new text begin Ban; mercury in batteries. new text end

new text begin A person may not sell, offer for sale, or distribute
in or into the state:
new text end

new text begin (1) an alkaline manganese battery that contains mercury that is not a button cell
nonrechargeable battery;
new text end

new text begin (2) a nonrechargeable button cell battery that contains more than 25 milligrams of
mercury; or
new text end

new text begin (3) a dry cell battery containing a mercuric oxide electrode.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2029.
new text end

Sec. 14.

Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read:

Subd. 5.

Prohibitions.

deleted text begin A manufacturer of rechargeable batteries or products powered
by rechargeable batteries that does not participate in the pilot projects and programs required
in section 115A.9157 deleted text end new text begin A person new text end may not sell, new text begin including online sales, facilitate a sale of,
new text end distribute, or offer for sale in new text begin or into new text end this state rechargeable batteries or products powered
by rechargeable batteries deleted text begin after January 1, 1992.
deleted text end

deleted text begin After January 1, 1992, a person who first purchases rechargeable batteries or products
powered by rechargeable batteries for importation into the state for resale may not purchase
rechargeable batteries or products powered by rechargeable batteries made by any person
other than a deleted text end new text begin that are not easily removable unless the new text end manufacturer deleted text begin that deleted text end participates in the
deleted text begin projects and programs deleted text end new text begin program new text end required under section 115A.9157.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 15.

Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read:

Subd. 2.

Recovery of costs.

Section 325E.125 may be enforced under deleted text begin section deleted text end new text begin sections new text end
115.071 new text begin and 116.072 new text end . In an enforcement action under this section in which the state prevails,
the state may recover reasonable administrative expenses, court costs, and attorney fees
incurred to take the enforcement action, in an amount to be determined by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3;
325E.125, subdivisions 1, 2, 2a, 3, and 4; and 325E.1251, subdivision 1, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S1690-2

115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.

Subdivision 1.

Prohibition.

A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

Subd. 2.

Manufacturer responsibility.

(a) A manufacturer of batteries subject to subdivision 1 shall:

(1) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Minnesota; and

(2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

(b) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

(1) identify collectors, transporters, and processors for the waste batteries and contract or otherwise expressly agree with a person or persons for the proper collection, transportation, and processing of the waste batteries; or

(2) accept waste batteries returned to its manufacturing facility.

(c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a clear and conspicuous manner a telephone number that the final consumer of the battery can call to obtain information on specific procedures to follow in returning the battery for recycling or proper disposal. The manufacturer may include the telephone number and notice of return procedures on an invoice or other transaction document held by the purchaser. The manufacturer shall provide the telephone number to the commissioner of the agency.

(d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

(e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for improper disposal by a person other than the manufacturer of waste batteries.

115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.

Subdivision 1.

Definition.

For the purposes of this section, "household batteries" means disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.

Subd. 2.

Program.

(a) The commissioner, in consultation with other state agencies, political subdivisions, and representatives of the household battery industry, may develop household battery programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission on Minnesota Resources study on batteries.

(b) The commissioner shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the commissioner may investigate include:

(1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects;

(2) establishing collection and transportation systems;

(3) developing and disseminating educational materials regarding environmentally sound battery management; and

(4) developing markets for materials recovered from the batteries.

(c) The commissioner may also distribute funds to political subdivisions to develop battery management plans and implement those plans.

Subd. 3.

Participation.

A political subdivision, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. A political subdivision may provide financial incentives to any person, including public or private civic groups, to collect the batteries.

325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.

Subdivision 1.

Labeling.

(a) The manufacturer of a button cell battery that is to be sold in this state shall ensure that each battery contains no intentionally introduced mercury or is labeled to clearly identify for the final consumer of the battery the type of electrode used in the battery.

(b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall also provide clear instructions for properly recharging the battery.

Subd. 2.

Mercury content.

(a) Except as provided in paragraph (c), a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than 0.025 percent mercury by weight.

(b) On application, the commissioner of the Pollution Control Agency may exempt a specific type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. A battery exempted by the commissioner under this paragraph is subject to the requirements of section 115A.9155, subdivision 2.

(c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than 25 milligrams of mercury.

(d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery containing a mercuric oxide electrode.

(e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury unless the commissioner of the Pollution Control Agency determines that compliance with this requirement is not technically and commercially feasible.

Subd. 2a.

Approval of new batteries.

A manufacturer may not sell, distribute, or offer for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or alkaline manganese battery, without first having received approval of the battery from the commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is intended to ensure that new types of batteries do not add additional hazardous or toxic materials to the state's mixed municipal waste stream.

Subd. 3.

Rechargeable tools and appliances.

(a) A manufacturer may not sell, distribute, or offer for sale in this state a rechargeable consumer product unless:

(1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

(2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery.

(b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

(c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if:

(1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2;

(2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

(3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste.

(d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.

Subd. 4.

Rechargeable batteries and products; notice.

(a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions.

(b) The notice must be at least four inches by six inches and state:

"ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:

Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment.

DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."

(c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for catalogue sales.

325E.1251 PENALTY ENFORCEMENT.

Subdivision 1.

Penalty.

Violation of section 325E.125 is a misdemeanor. A manufacturer who violates section 325E.125 is also subject to a minimum fine of $100 per violation.