1.1 	A bill for an act
1.2 	relating to environment; establishing stewardship program for circuit boards, 
1.3 	batteries, and electrical products; prohibiting mercury in batteries; authorizing 
1.4 	rulemaking; appropriating money; amending Minnesota Statutes 2024, sections 
1.5 	115A.03, by adding subdivisions; 115A.554; 115A.9157; 116.92, subdivision 6, 
1.6 	by adding a subdivision; 325E.125, subdivision 5; 325E.1251, subdivision 2; 
1.7 	proposing coding for new law in Minnesota Statutes, chapter 115A; repealing 
1.8 	Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, 3; 
1.9 	325E.125, subdivisions 1, 2, 2a, 3, 4; 325E.1251, subdivision 1.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 3b.Battery. "Battery" means one or more galvanic cells, including any structural 
1.14 	members, casing, and terminals.

1.15 	EFFECTIVE DATE. This section is effective July 1, 2026.

1.16 	Sec. 2. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to 
1.17 	read:
1.18 		Subd. 10d.Facilitate a sale. "Facilitate a sale" means to assist a person in transferring 
1.19 	title or possession of a product, regardless of whether title or possession is ever acquired 
1.20 	by the person facilitating a sale, such as by operating an online marketplace, publishing an 
1.21 	offer for sale on a website, physically storing inventory of products, entering into a contract 
1.22 	to allow another person to list a product for sale, processing payment on behalf of another 
1.23 	person, entering into a contract with a buyer or a seller related to a sale, or otherwise 
1.24 	providing a sales process. Facilitate a sale does not include acting solely as:
2.1 	(1) an advertiser;
2.2 	(2) a payment processor; or
2.3 	(3) a common carrier.

2.4 	EFFECTIVE DATE. This section is effective July 1, 2026.

2.5 	Sec. 3. [115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES; 
2.6 	DEFINITIONS.
2.7 	(a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this 
2.8 	section and section 115A.03.
2.9 	(b) "Battery-containing product" means a product:
2.10 	(1) in which a covered battery is contained;
2.11 	(2) to which a covered battery is attached; or
2.12 	(3) with which a covered battery is packaged.
2.13 	(c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a 
2.14 	symbol, a word, or an identifier that attributes a product to the owner or licensee of the 
2.15 	brand.
2.16 	(d) "Collection" means receipt of discarded covered batteries from a person, including 
2.17 	sorting and storage that are necessary for receipt and that are performed by the covered 
2.18 	battery collector. Collection does not include transport of a covered battery that occurs after 
2.19 	a covered battery collector receives the covered battery, except for transport by the covered 
2.20 	battery collector to or between a covered battery collection site or sites operated by the 
2.21 	covered battery collector.
2.22 	(e) "Covered battery" means a loose battery or a battery that is easily removable. A 
2.23 	covered battery may be of any brand, type, physical size, energy capacity, or chemistry. A 
2.24 	covered battery includes a covered small battery, covered medium battery, or covered large 
2.25 	battery. A covered battery does not include:
2.26 	(1) a lead acid battery regulated under sections 325E.115 and 325E.1151;
2.27 	(2) a battery designed, manufactured, and intended solely for use in a motor vehicle;
2.28 	(3) a battery contained within a medical device, as specified in United States Code, title 
2.29 	21, section 321(h), as it existed as of the effective date of this section, that is not designed 
2.30 	and marketed for sale or resale principally to consumers for personal use;
3.1 	(4) a battery removed from a permanent, stationary, energy storage system that requires 
3.2 	installation and removal by an electrician licensed under chapter 326B;
3.3 	(5) a battery transported into the state after the battery is collected in another state; or
3.4 	(6) a battery subject to recall for safety reasons.
3.5 	(f) "Covered battery collection site" means a physical location where a covered battery 
3.6 	collector collects covered batteries from other persons, regardless of whether the covered 
3.7 	battery collector operates the location permanently, temporarily, or for purposes of a 
3.8 	collection event.
3.9 	(g) "Covered battery collector" means a person that collects covered batteries on behalf 
3.10 	of and under agreement with a covered battery stewardship organization and receives 
3.11 	reimbursement at the rates determined according to section 115A.1335 from the covered 
3.12 	battery stewardship organization for the covered battery collector's costs for collection of 
3.13 	the covered batteries.
3.14 	(h) "Covered battery producer" means the following person responsible for compliance 
3.15 	with requirements under sections 115A.1331 to 115A.1347 for a covered battery sold, 
3.16 	including online sales, offered for sale or promotional purposes, or distributed in or into the 
3.17 	state:
3.18 	(1) for a covered battery:
3.19 	(i) if the covered battery is sold, offered, or distributed under a brand owned by the 
3.20 	person that manufactured the covered battery, the producer is the person that manufactured 
3.21 	the covered battery;
3.22 	(ii) if the covered battery is sold, offered, or distributed under a brand owned by a person 
3.23 	other than the person that manufactured the covered battery, the producer is the person that 
3.24 	owned the brand;
3.25 	(iii) if the covered battery is sold, offered, or distributed under a brand licensed to a 
3.26 	person, the producer is the person that is the licensee of the brand under which the covered 
3.27 	battery is sold, offered, or distributed, whether or not the brand is registered in the state;
3.28 	(iv) if there is no person described in items (i) to (iii) within the United States, the 
3.29 	producer is the person that imported the covered battery into the United States to be sold, 
3.30 	offered, or distributed; and
3.31 	(v) if there is no person described in items (i) to (iv), the producer is the person that first 
3.32 	sold, offered, or distributed the covered battery in or into the state;
4.1 	(2) for a covered battery contained in, attached to, or packaged with a battery-containing 
4.2 	product:
4.3 	(i) if the battery-containing product is sold, offered, or distributed under a brand owned 
4.4 	by the person that manufactured it, the producer is the person that manufactured the 
4.5 	battery-containing product;
4.6 	(ii) if the battery-containing product is sold, offered, or distributed under a brand owned 
4.7 	by a person other than the person that manufactured the battery-containing product, the 
4.8 	producer is the person that  owned the brand;
4.9 	(iii) if the battery-containing product is sold, offered, or distributed under a brand licensed 
4.10 	to a person, the producer is the person that is the licensee of the brand under which the 
4.11 	battery-containing product is sold, offered, or distributed, whether or not the brand is 
4.12 	registered in the state;
4.13 	(iv) if there is no person described in items (i) to (iii) within the United States, the 
4.14 	producer is the person that imported the battery-containing product into the United States 
4.15 	to be sold, offered, or distributed; and
4.16 	(v) if there is no person described in items (i) to (iv), the producer is the person that first 
4.17 	sold, offered, or distributed the battery-containing product in or into the state;
4.18 	(3) notwithstanding clause (2), a producer does not include any person that manufactured, 
4.19 	imported into the United States, or sold, offered, or distributed in or into the state a 
4.20 	battery-containing product if the producer of the only covered batteries contained in, attached 
4.21 	to, or packaged with the battery-containing product is named as a participant by a covered 
4.22 	battery stewardship organization and both the person and the participant acknowledge such 
4.23 	in writing to the covered battery stewardship organization; and
4.24 	(4) notwithstanding clauses (1) and (2), a person that voluntarily assumes the 
4.25 	responsibility of a producer of a covered battery and certifies that they have assumed the 
4.26 	responsibility of a producer in writing to the commissioner is the producer of the covered 
4.27 	battery.
4.28 	(i) "Covered battery stewardship organization" means an organization that contracts 
4.29 	with one or more covered battery producers to meet the producers' obligations under sections 
4.30 	115A.1331 to 115A.1347.
4.31 	(j) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared 
4.32 	according to section 115A.1335 and submitted to the commissioner by each covered battery 
4.33 	stewardship organization.
5.1 	(k) "Covered battery stewardship program" means a system implemented by a covered 
5.2 	battery stewardship organization to manage all covered batteries offered to a covered battery 
5.3 	collector by arranging and paying for the collection, covered services, and all other activities 
5.4 	described in a covered battery stewardship plan approved by the commissioner under section 
5.5 	115A.1335, subdivision 4.
5.6 	(l) "Covered large battery" means a covered battery that weighs more than 25 pounds 
5.7 	or has an energy capacity greater than 2,000 watt-hours or both. Covered large battery does 
5.8 	not include a battery that is designed, manufactured, and intended solely for use in 
5.9 	manufacturing, industrial, or other commercial settings.
5.10 	(m) "Covered large battery collection site" means a covered battery collection site that 
5.11 	meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (b), and (e).
5.12 	(n) "Covered medium battery" means a covered battery that weighs more than 11 pounds 
5.13 	but equal to or less than 25 pounds or has an energy capacity greater than 300 watt-hours 
5.14 	but equal to or less than 2,000 watt-hours.
5.15 	(o) "Covered medium battery collection site" means a covered battery collection site 
5.16 	that meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (c), and 
5.17 	(e).
5.18 	(p) "Covered services" means transportation, processing, recycling, and disposal of 
5.19 	covered batteries and residual materials after collection. Covered services does not include:
5.20 	(1) repair or reuse of a covered battery by the collector; or
5.21 	(2) transport of a covered battery by the covered battery collector that collected it to or 
5.22 	between a covered battery collection site or sites that are operated by the covered battery 
5.23 	collector.
5.24 	(q) "Covered small battery" means a covered battery that weighs 11 pounds or less and 
5.25 	has an energy capacity of 300 watt-hours or less.
5.26 	(r) "Covered small battery collection site" means a covered battery collection site that 
5.27 	meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (d), and (e).
5.28 	(s) "Distribute" means to sell, offer, supply, ship, transport, or deliver a product to a 
5.29 	person that sells, offers, supplies, ships, transports, or delivers the product in or into the 
5.30 	state, regardless of whether title to the product is ever acquired by a person distributing the 
5.31 	product.
6.1 	(t) "Easily removable" or "easily removed" means that a battery can be removed by a 
6.2 	single person from a product by hand or by hand and the use of only:
6.3 	(1) a flathead, crosshead, or Phillips screwdriver;
6.4 	(2) a paper clip;
6.5 	(3) a coin; or
6.6 	(4) a hex key.
6.7 	(u) "Household hazardous waste management program" means a program established 
6.8 	under section 115A.96 to collect and manage household hazardous waste, as defined in 
6.9 	section 115A.96, that is established or operated by the agency or another public entity, 
6.10 	including but not limited to a political subdivision, state agency, or federally recognized 
6.11 	Tribe.
6.12 	(v) "Independent auditor" means a certified public accountant that:
6.13 	(1) holds a current active license under chapter 326A and rules adopted thereunder;
6.14 	(2) is retained by a covered battery stewardship organization;
6.15 	(3) is not otherwise employed by or affiliated with the commissioner or a covered battery 
6.16 	stewardship organization; and
6.17 	(4) is qualified to conduct an audit under section 115A.1337, subdivision 6, clause (8).
6.18 	(w) "Loose battery" means a battery that is not contained in or attached to a product. A 
6.19 	loose battery does not include a battery that is contained in an enclosure when the enclosure 
6.20 	is not integral to the operation of the battery.
6.21 	(x) "Motor vehicle" has the meaning given in section 168.002.
6.22 	(y) "Participant" means a covered battery producer that is named by a covered battery 
6.23 	stewardship organization as meeting the covered battery producer's obligations under sections 
6.24 	115A.1331 to 115A.1347. If one covered battery producer is named as a participant by 
6.25 	voluntarily assuming responsibility for a covered battery on behalf of other covered battery 
6.26 	producers under paragraph (h), clause (4), then all those covered battery producers are also 
6.27 	participants.
6.28 	(z) "Rechargeable battery" means a battery that is designed and intended to have electrical 
6.29 	energy added to it by electrical or physical means after use.
6.30 	(aa) "Residual material" means materials and wastes resulting from processing, recycling, 
6.31 	or disposal of covered batteries.
7.1 	(bb) "Responsible market" means a market for covered batteries, for reclaimed materials 
7.2 	from collected covered batteries, or for any other recyclable residual material from collected 
7.3 	covered batteries that:
7.4 	(1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a 
7.5 	manner that protects the environment and minimizes risks to public health and worker health 
7.6 	and safety;
7.7 	(2) complies with all applicable federal, state, and local statutes, rules, ordinances, and 
7.8 	other laws governing environmental, health, safety, and financial responsibility;
7.9 	(3) possesses all licenses and permits required by a federal or state agency or political 
7.10 	subdivision;
7.11 	(4) if operating in the state, recycles batteries to the maximum extent practicable in 
7.12 	accordance with section 115A.02, paragraph (b); and
7.13 	(5) minimizes adverse impacts to environmental justice areas.
7.14 	(cc) "Specialized covered battery recycler" means a person that, if and as applicable, is 
7.15 	properly authorized by the commissioner or, if operating in another state or country, an 
7.16 	equivalent state, federal, or other governmental body, to process, recycle, or reclaim useful 
7.17 	materials from covered batteries.

7.18 	EFFECTIVE DATE. This section is effective July 1, 2026.

7.19 	Sec. 4. [115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.
7.20 		Subdivision 1.Due dates. (a) By July 1, 2027:
7.21 	(1) each covered battery producer must contract with a covered battery stewardship 
7.22 	organization to act on the covered battery producer's behalf for purposes of complying with 
7.23 	the producer's obligations under sections 115A.1331 to 115A.1347; and
7.24 	(2) each covered battery stewardship organization must:
7.25 	(i) notify the commissioner that it has been designated by covered battery producers to 
7.26 	act on their behalf; and
7.27 	(ii) provide to the commissioner its identity and contact information.
7.28 	(b) By January 1, 2029, a covered battery stewardship organization must submit to the 
7.29 	commissioner a covered battery stewardship plan that meets all requirements of subdivision 
7.30 	2 for review under subdivision 4.
8.1 		Subd. 2.Plan content; budget requirement. (a) The covered battery stewardship plan 
8.2 	must include:
8.3 	(1) identification of and contact information for the covered battery stewardship 
8.4 	organization;
8.5 	(2) a description and example of contracts, including a list of all parties to the contracts, 
8.6 	that must:
8.7 	(i) clearly grant the covered battery stewardship organization the authority to act on 
8.8 	behalf of the participants that the covered battery stewardship organization represents to 
8.9 	implement the covered battery stewardship plan;
8.10 	(ii) include a statement of responsibility of the participants that the covered battery 
8.11 	stewardship organization represents to comply with the approved covered battery stewardship 
8.12 	plan; and
8.13 	(iii) include a statement of responsibility of the participants that the covered battery 
8.14 	stewardship organization represents to fund the covered battery stewardship organization 
8.15 	as necessary to implement the covered battery stewardship plan, pay for associated costs, 
8.16 	and pay for fees and penalties assessed by the commissioner;
8.17 	(3) identification of and contact information for all participants in the covered battery 
8.18 	stewardship program;
8.19 	(4) identification of and contact information for each covered battery collector or 
8.20 	prospective covered battery collector that has agreed to operate covered battery collection 
8.21 	sites to collect covered batteries on behalf of the covered battery stewardship organization 
8.22 	and documentation of such agreements. A covered battery collection site may only be 
8.23 	included in one covered battery stewardship plan at a time;
8.24 	(5) identification of and contact information for each person providing covered services 
8.25 	and the location of all facilities where covered services will be provided;
8.26 	(6) identification and contact information for those persons that the covered battery 
8.27 	stewardship organization has contracted with and that will administer and implement the 
8.28 	covered battery stewardship program in accordance with section 115A.1337, subdivision 
8.29 	7. The relationship of the other persons to the covered battery stewardship organization and 
8.30 	their role in administering and implementing the covered battery stewardship program must 
8.31 	be described;
8.32 	(7) the address, county of location, and, in a form prescribed by the commissioner, 
8.33 	geolocation data for each covered battery collection site to be served through the covered 
9.1 	battery stewardship organization under the covered battery stewardship program and 
9.2 	identification of those covered battery collection sites that are operated by a household 
9.3 	hazardous waste management program;
9.4 	(8) a list of the brands covered under the covered battery stewardship program;
9.5 	(9) eligibility criteria for prospective covered battery collectors;
9.6 	(10) a description of how the covered battery stewardship program will provide 
9.7 	convenient, statewide collection according to subdivision 3 without collection of covered 
9.8 	batteries performed by collection sites on behalf of another covered battery stewardship 
9.9 	organization;
9.10 	(11) a description of how the covered battery stewardship organization will annually 
9.11 	monitor and ensure continuing compliance with the convenience standards under subdivision 
9.12 	3;
9.13 	(12) a description of how the covered battery stewardship organization will ensure each 
9.14 	covered battery collector is provided with the materials specified in section 115A.1337, 
9.15 	subdivision 1;
9.16 	(13) a description of how covered battery collection sites will be accessible according 
9.17 	to section 115A.1337, subdivision 2;
9.18 	(14) the performance standards for persons providing covered services for the covered 
9.19 	battery stewardship organization and the oversight methods by which the covered battery 
9.20 	stewardship organization will ensure continuing compliance with the performance standards. 
9.21 	The covered battery stewardship organization may determine performance standards, which 
9.22 	at a minimum must:
9.23 	(i) accord with clauses (17) to (20), (22), (23), and (36);
9.24 	(ii) ensure that covered services other than transportation are provided only by specialized 
9.25 	covered battery recyclers; and
9.26 	(iii) ensure covered batteries and residual materials are managed through responsible 
9.27 	markets;
9.28 	(15) a description of the oversight methods by which the covered battery stewardship 
9.29 	organization will ensure continuing compliance with the performance standards under clause 
9.30 	(14);
9.31 	(16) a description of how the covered battery stewardship organization will ensure that 
9.32 	there are multiple persons providing covered services to ensure resiliency in the system;
10.1 	(17) a description of methods by which the covered battery stewardship organization 
10.2 	will ensure that discarded covered batteries and residual materials managed under the covered 
10.3 	battery stewardship program are managed while in the state in compliance with rules adopted 
10.4 	under section 116.07 for managing solid waste and hazardous waste, when applicable, and, 
10.5 	when outside the state, with all applicable legal requirements for managing solid waste and 
10.6 	hazardous waste, as applicable;
10.7 	(18) a description of the actions the covered battery stewardship organization will take 
10.8 	upon receiving information of potential or actual noncompliance under clause (17) by any 
10.9 	person handling covered batteries under the covered battery stewardship program;
10.10 	(19) a description of methods by which the covered battery stewardship organization 
10.11 	will ensure that covered batteries and residual materials managed under the covered battery 
10.12 	stewardship program are managed in compliance with safety and health requirements for 
10.13 	employees administered by the Department of Labor and Industry and with fire protection 
10.14 	requirements administered by the Department of Public Safety while in the state and, when 
10.15 	outside the state, with all applicable federal, state, and local employee safety and health 
10.16 	requirements and fire protection requirements;
10.17 	(20) a description of the actions the covered battery stewardship organization will take 
10.18 	upon receiving information of potential or actual noncompliance under clause (19) by any 
10.19 	person handling covered batteries under the covered battery stewardship program;
10.20 	(21) a description of how the covered battery stewardship organization will ensure 
10.21 	sufficient and timely pickup and transport of covered batteries are provided to each covered 
10.22 	battery collection site so that the covered battery collection site can continuously and safely 
10.23 	collect and store covered batteries;
10.24 	(22) a description of methods by which the covered battery stewardship organization 
10.25 	will ensure that covered batteries and residual materials managed under the covered battery 
10.26 	stewardship program are transported in compliance with applicable regulations incorporated 
10.27 	by reference under section 221.033 for transporting hazardous materials while in the state 
10.28 	and, when outside the state, with all applicable legal requirements for transporting hazardous 
10.29 	materials;
10.30 	(23) a description of the actions the covered battery stewardship organization will take 
10.31 	upon receiving information of potential or actual noncompliance under clause (22) by any 
10.32 	person handling covered batteries under the covered battery stewardship program;
10.33 	(24) a statement of indemnification by the covered battery stewardship organization to 
10.34 	covered battery collectors for potential liability for improper downstream management of 
11.1 	covered batteries or residual materials by providers of covered services arranged for by the 
11.2 	covered battery stewardship organization and identified in the covered battery stewardship 
11.3 	plan under clause (5);
11.4 	(25) a description of how the covered battery stewardship organization will determine 
11.5 	and annually report the quantity of covered batteries collected under the covered battery 
11.6 	stewardship program by chemistry by weight;
11.7 	(26) a description of the outreach and education methods and activities that the covered 
11.8 	battery stewardship organization will ensure are provided according to section 115A.1337, 
11.9 	subdivision 4;
11.10 	(27) a description of how the covered battery stewardship organization will ensure that 
11.11 	there is at least one full-time representative of the covered battery stewardship organization 
11.12 	who is dedicated to implementing the covered battery stewardship program in this state and 
11.13 	serves as the primary contact between the covered battery stewardship organization and the 
11.14 	agency;
11.15 	(28) the proposed reimbursement rates for covered battery collectors that are household 
11.16 	hazardous waste management programs, according to the following:
11.17 	(i) the proposed reimbursement rates must cover all costs of collection incurred by the 
11.18 	covered battery collectors, which include but are not limited to:
11.19 	(A) labor, overhead, and supplies;
11.20 	(B) necessary collection and storage structures and containers;
11.21 	(C) employee training; and
11.22 	(D) necessary safety materials;
11.23 	(ii) the covered battery stewardship organization may, on agreement with the covered 
11.24 	battery collectors, provide materials or services to covered battery collectors in lieu of 
11.25 	covering specific costs;
11.26 	(iii) necessary safety materials described in item (i), subitem (D), do not include fire 
11.27 	safety infrastructure, such as fire sprinklers or fire detection systems; and
11.28 	(iv) the covered battery stewardship organization must meet and agree on the proposed 
11.29 	reimbursement rates with covered battery collectors and prospective covered battery 
11.30 	collectors that are household hazardous waste management programs;
11.31 	(29) the proposed reimbursement rates for covered battery collectors that are not 
11.32 	household hazardous waste management programs, according to the following:
12.1 	(i) the proposed reimbursement rates must cover all of the following costs of collection 
12.2 	incurred by the covered battery collectors:
12.3 	(A) necessary collection and storage structures, containers, and supplies;
12.4 	(B) employee training; and
12.5 	(C) necessary safety materials;
12.6 	(ii) the proposed reimbursement rates may, on agreement with the covered battery 
12.7 	collectors, cover costs of collection in addition to those described in item (i);
12.8 	(iii) the covered battery stewardship organization may, on agreement with the covered 
12.9 	battery collectors, provide materials or services to covered battery collectors in lieu of 
12.10 	covering specific costs;
12.11 	(iv) necessary safety materials described in item (i), subitem (C), do not include fire 
12.12 	safety infrastructure, such as fire sprinklers or fire detection systems; and
12.13 	(v) the covered battery stewardship organization must meet and agree on the proposed 
12.14 	reimbursement rates with covered battery collectors and prospective covered battery 
12.15 	collectors that are not household hazardous waste management programs;
12.16 	(30) documentation that the covered battery collectors and prospective covered battery 
12.17 	collectors identified in clause (4) have agreed to the proposed reimbursement rates in clauses 
12.18 	(28) and (29);
12.19 	(31) documentation that the number of covered battery collection sites identified in 
12.20 	clause (7) to be operated by the covered battery collectors identified in clause (4) are 
12.21 	sufficient to ensure that the covered battery stewardship organization will comply with the 
12.22 	convenience standards of subdivision 3;
12.23 	(32) a description of the system by which the covered battery stewardship organization 
12.24 	will provide advance payment or reimbursement to covered battery collectors in a manner 
12.25 	that provides:
12.26 	(i) periodic automatic payment of reimbursements at least annually; or
12.27 	(ii) a process for submitting reimbursement requests and reasonable timelines for 
12.28 	reimbursement, at intervals no longer than monthly unless otherwise agreed to by the covered 
12.29 	battery collector;
12.30 	(33) a description of the system by which the covered battery stewardship organization 
12.31 	will pay persons providing covered services in a manner that provides:
13.1 	(i) a clear process for submitting invoices; and
13.2 	(ii) reasonable timelines for payment, at intervals agreed to by the person providing 
13.3 	covered services;
13.4 	(34) a description of how the covered battery stewardship program costs will be allocated 
13.5 	among participants, either individually or among groups of participants identified by the 
13.6 	covered battery stewardship organization, such that the costs of managing covered batteries 
13.7 	are allocated equitably. As part of this description, a clear assignment of responsibility for 
13.8 	costs of managing covered batteries subject to a voluntary or mandatory recall to the 
13.9 	participant or participants associated with those covered batteries and not other participants 
13.10 	must be included;
13.11 	(35) a description of how the covered battery stewardship organization will comply with 
13.12 	subdivision 6, paragraph (b);
13.13 	(36) a description of how the covered battery stewardship organization will ensure that 
13.14 	covered batteries and residual materials managed under the covered battery stewardship 
13.15 	program are managed to the maximum extent practicable in accordance with section 115A.02, 
13.16 	paragraph (b);
13.17 	(37) a description of how the covered battery stewardship organization will take actions 
13.18 	within its purview and provide feedback for covered battery producers to enable 
13.19 	improvements in product design and material use, technology, and personnel training that 
13.20 	could raise the future maximum extent practicable for management described in clause (36), 
13.21 	including consideration of covered battery reuse, repair, and product life cycle;
13.22 	(38) a description of how the covered battery stewardship organization will annually 
13.23 	report to the commissioner, by chemistry by weight, the end management through recycling 
13.24 	or disposal of covered batteries for which the covered battery stewardship program was 
13.25 	responsible during each calendar year; and
13.26 	(39) a description of how the covered battery stewardship organization will take action 
13.27 	to decrease the incidence of covered batteries in solid waste in the state, including providing 
13.28 	collection opportunities under section 115A.1337, subdivision 2, paragraph (b).
13.29 	(b) By January 1, 2029, and annually thereafter, the covered battery stewardship 
13.30 	organization must submit an anticipated annual budget for the covered battery stewardship 
13.31 	program for that calendar year, broken down into the covered battery stewardship program's 
13.32 	estimated costs for administration, collection, sorting after collection, storage after collection, 
13.33 	transportation after collection, processing, recycling, disposal, and communication, including 
14.1 	the cost of fees under section 115A.1339. The budget is not subject to review and approval 
14.2 	under subdivisions 4 and 5.
14.3 		Subd. 3.Convenience standards. (a) The covered battery stewardship plan must provide 
14.4 	convenient, statewide collection for all covered batteries that are offered to covered battery 
14.5 	collectors by a person in the state, regardless of:
14.6 	(1) a covered battery's type, physical size, energy capacity, or chemistry;
14.7 	(2) a covered battery's brand; or
14.8 	(3) the producer of a covered battery.
14.9 	(b) A covered battery stewardship plan submitted by a covered battery stewardship 
14.10 	organization must independently meet the convenience standards in paragraphs (c) to (e) 
14.11 	without cost sharing, collaboration, or consideration of activities of another covered battery 
14.12 	stewardship organization.
14.13 	(c) For covered small batteries, the covered battery stewardship organization must:
14.14 	(1) in each county with a population of 10,000 or less, maintain at least two covered 
14.15 	small battery collection sites;
14.16 	(2) in each county with a population greater than 10,000 but less than or equal to 100,000, 
14.17 	maintain at least two covered small battery collection sites and at least one additional covered 
14.18 	small battery collection site for each additional 10,000 in population above a population of 
14.19 	10,000;
14.20 	(3) in each county with a population greater than 100,000, maintain at least 11 covered 
14.21 	small battery collection sites and at least one additional covered small battery collection 
14.22 	site for each additional 50,000 in population above a population of 100,000; and
14.23 	(4) maintain a covered small battery collection site located within ten miles of the 
14.24 	household of at least 95 percent of the residents of the state.
14.25 	(d) For covered medium batteries, the covered battery stewardship organization must:
14.26 	(1) in each county with a population of 100,000 or less, maintain at least one covered 
14.27 	medium battery collection site;
14.28 	(2) in each county with a population greater than 100,000, maintain at least two covered 
14.29 	medium battery collection sites and at least one additional covered medium battery collection 
14.30 	site for each additional 100,000 in population above a population of 100,000; and
15.1 	(3) maintain a covered medium battery collection site located within ten miles of the 
15.2 	household of at least 95 percent of the residents of the state.
15.3 	(e) For covered large batteries, the covered battery stewardship organization must 
15.4 	maintain at least four covered large battery collection sites in each of the 11 development 
15.5 	regions of the state, as designated by section 462.385, except for region 11, in which ten 
15.6 	large battery collection sites must be maintained.
15.7 	(f) When demonstrating compliance with paragraphs (c), (d), and (e), a covered battery 
15.8 	stewardship organization may count:
15.9 	(1) a covered large battery collection site as a covered medium battery collection site 
15.10 	and a covered small battery collection site; and
15.11 	(2) a covered medium battery collection site as a covered small battery collection site.
15.12 	(g) The covered battery stewardship organization must ensure no net loss in estimated 
15.13 	collection convenience and capacity for covered batteries from the program in place on 
15.14 	January 1, 2026.
15.15 	(h) Upon a showing by the covered battery stewardship organization that meeting the 
15.16 	convenience standard of paragraph (c), (d), or (e), for a specific county or development 
15.17 	region would cause undue hardship to the covered battery stewardship organization, the 
15.18 	commissioner may approve an alternative convenience standard if the proposed alternative 
15.19 	convenience standard would reasonably result in equivalent covered battery collection 
15.20 	convenience.
15.21 		Subd. 4.Review of covered battery stewardship plan; implementation. (a) Within 
15.22 	120 days after receiving a complete covered battery stewardship plan submitted under this 
15.23 	section, the commissioner must determine whether the stewardship plan complies with this 
15.24 	section and will ensure that elements required by subdivision 2, paragraph (a), will be met 
15.25 	to the maximum extent practicable. The commissioner must provide a written notice of 
15.26 	determination according to this subdivision.
15.27 	(b) In conducting a review of a covered battery stewardship plan, the commissioner may 
15.28 	consult with interested parties.
15.29 	(c) For at least 30 days before approving a covered battery stewardship plan, the 
15.30 	commissioner must place the stewardship plan on the agency's publicly accessible website 
15.31 	for public review and comment.
15.32 	(d) If the commissioner determines that a covered battery stewardship plan fails to 
15.33 	comply with this section or will not ensure that elements required by subdivision 2, paragraph 
16.1 	(a), will be met to the maximum extent practicable, the commissioner must reject the covered 
16.2 	battery stewardship plan. The commissioner must provide a written notice of determination 
16.3 	to the covered battery stewardship organization describing the reasons for the rejection.
16.4 	(e) After any consultation under paragraph (b) and review of public comments received 
16.5 	under paragraph (c), if the commissioner determines that a covered battery stewardship plan 
16.6 	will ensure that elements required by subdivision 2, paragraph (a), will be met to the 
16.7 	maximum extent practicable, the commissioner must approve the covered battery stewardship 
16.8 	plan. The commissioner must provide a written notice of determination to the covered 
16.9 	battery stewardship organization and must publish the approved covered battery stewardship 
16.10 	plan on the agency's publicly accessible website within 30 days after approval.
16.11 	(f) The covered battery stewardship organization must implement the covered battery 
16.12 	stewardship plan approved by the commissioner, including any amendments to the 
16.13 	stewardship plan that are approved by the commissioner according to subdivision 5, within 
16.14 	60 days after receiving written notice of approval.
16.15 	(g) For each covered battery stewardship plan or amendment submitted to the 
16.16 	commissioner for review, the commissioner may consider the data submitted according to 
16.17 	section 115A.1337, subdivision 6, and other relevant information to establish requirements 
16.18 	to improve the effectiveness, performance, and awareness of the covered battery stewardship 
16.19 	program.
16.20 		Subd. 5.Amending or terminating a covered battery stewardship plan. (a) The 
16.21 	covered battery stewardship organization may amend a covered battery stewardship plan 
16.22 	approved under subdivision 4 without review or approval by the commissioner to make the 
16.23 	changes specified in clauses (1) to (3). Within 30 days after adopting an amendment under 
16.24 	this paragraph, the covered battery stewardship organization must report the amendment to 
16.25 	the commissioner and the commissioner must publish the amended stewardship plan on the 
16.26 	agency's publicly accessible website. The covered battery stewardship organization must 
16.27 	implement amendments made to a stewardship plan under this paragraph within 60 days 
16.28 	after adopting the amendment. The covered battery stewardship organization may:
16.29 	(1) add; terminate, when authorized under section 115A.1337, subdivision 1, if applicable; 
16.30 	or replace a covered battery collector, collection site, person providing covered services, 
16.31 	or facility where covered services will be performed;
16.32 	(2) add or remove participants or brands covered under the covered battery stewardship 
16.33 	plan; or
17.1 	(3) change contact staff or contact staff information for a covered battery stewardship 
17.2 	organization, participants, covered battery collectors, or persons providing covered services.
17.3 	(b) Except for an amendment under paragraph (a), a covered battery stewardship plan 
17.4 	containing any amendment must be submitted to and reviewed and approved by the 
17.5 	commissioner before it may be implemented by the covered battery stewardship organization. 
17.6 	The commissioner must review and approve or reject the covered battery stewardship plan 
17.7 	containing the proposed amendment according to subdivision 4.
17.8 	(c) The covered battery stewardship organization must submit an amended covered 
17.9 	battery stewardship plan for review:
17.10 	(1) at least every five years according to this subdivision and subdivision 4; or
17.11 	(2) within 60 days if the commissioner determines that an amended stewardship plan is 
17.12 	necessary to implement sections 115A.1331 to 115A.1347.
17.13 	(d) The covered battery stewardship organization may terminate a covered battery 
17.14 	stewardship plan only:
17.15 	(1) by providing at least 90 days' written notice to the commissioner and to all covered 
17.16 	battery stewardship organizations and participants in the covered battery stewardship 
17.17 	program; and
17.18 	(2) after a replacement covered battery stewardship plan submitted by the covered battery 
17.19 	stewardship organization or a new covered battery stewardship organization is approved 
17.20 	by the commissioner under subdivision 4.
17.21 	(e) The commissioner may terminate a covered battery stewardship plan for good cause, 
17.22 	as defined in paragraph (f). If the commissioner terminates a covered battery stewardship 
17.23 	plan, the commissioner must provide the covered battery stewardship organization with 
17.24 	written notice of termination describing the good cause for termination. The commissioner 
17.25 	must also notify all participants in the covered battery stewardship program in writing of 
17.26 	the termination, using the contact information for the participants provided in the covered 
17.27 	battery stewardship plan.
17.28 	(f) For purposes of paragraph (e), "good cause" includes but is not limited to:
17.29 	(1) failure by the covered battery stewardship organization to:
17.30 	(i) fully and accurately disclose required or requested information to the commissioner;
17.31 	(ii) comply with the terms of sections 115A.1331 to 115A.1347; or
18.1 	(iii) pay fees or penalties owed to the commissioner or comply with an order lawfully 
18.2 	issued by the commissioner; and
18.3 	(2) a finding that the covered battery stewardship organization's activities endanger 
18.4 	human health or the environment and the danger cannot reasonably be removed by an 
18.5 	amendment to the covered battery stewardship plan.
18.6 		Subd. 6.Compliance. (a) The covered battery stewardship organization must comply 
18.7 	with the covered battery stewardship plan approved by the commissioner, including any 
18.8 	amendments to the stewardship plan that are made according to subdivision 5, paragraph 
18.9 	(a) or (b). The covered battery stewardship organization must ensure that all participants, 
18.10 	covered battery collectors, and persons providing covered services acting on behalf of the 
18.11 	covered battery stewardship organization also comply with the stewardship plan and are 
18.12 	responsible to the covered battery stewardship organization and to the commissioner for 
18.13 	compliance.
18.14 	(b) The covered battery stewardship organization must ensure that covered battery 
18.15 	collectors are reimbursed according to the reimbursement rates approved by the commissioner 
18.16 	according to this section and the system described in the covered battery stewardship plan.
18.17 	(c) The covered battery stewardship organization must ensure that all costs of the covered 
18.18 	battery stewardship program as specified in sections 115A.1331 to 115A.1347 are fully 
18.19 	paid for by participants. All costs of the covered battery stewardship program must be 
18.20 	allocated fairly between groups of participants without any fee, charge, surcharge, or any 
18.21 	other cost to:
18.22 	(1) any member of the public;
18.23 	(2) any business other than a covered battery producer;
18.24 	(3) any covered battery collector;
18.25 	(4) any person providing covered services;
18.26 	(5) the state or any political subdivision; or
18.27 	(6) any other person that is not a covered battery producer.

18.28 	EFFECTIVE DATE. This section is effective July 1, 2026.

19.1 	Sec. 5. [115A.1337] COVERED BATTERY STEWARDSHIP ORGANIZATION; 
19.2 	DUTIES AND STRUCTURE.
19.3 		Subdivision 1.Duties to covered battery collectors. (a) The covered battery stewardship 
19.4 	organization must ensure that the following are provided to each covered battery collector:
19.5 	(1) reimbursement at the rates determined according to section 115A.1335 and the system 
19.6 	described in the covered battery stewardship plan;
19.7 	(2) pickup and transport of collected covered batteries from each covered battery 
19.8 	collection site in sufficient time and quantity to allow the covered battery collector to safely 
19.9 	receive covered batteries without interruption or cost to the covered battery collector;
19.10 	(3) appropriate containers for storage and transportation of covered batteries and supplies 
19.11 	necessary for the collection of covered batteries;
19.12 	(4) signage to identify collection sites and the covered batteries accepted at the collection 
19.13 	sites;
19.14 	(5) training for covered battery collection site employees on identifying and safely 
19.15 	handling and storing covered batteries, including damaged, defective, or recalled batteries, 
19.16 	also known as DDR batteries; and
19.17 	(6) educational materials that address the information described in subdivision 4, 
19.18 	paragraph (a), clause (3), for distribution to members of the public and businesses in 
19.19 	Minnesota. The educational materials must be made available in English and at least the 
19.20 	three languages most commonly spoken at homes in the state other than English, according 
19.21 	to the state demographer.
19.22 	(b) The covered battery stewardship organizations must consider the request of a covered 
19.23 	battery collector to perform covered services if the covered battery collector meets the 
19.24 	performance standards in the covered battery stewardship plan under section 115A.1335, 
19.25 	subdivision 2, paragraph (a), clause (14), and the covered battery collector and the covered 
19.26 	battery stewardship organization agree after negotiation in good faith on the fees to be paid 
19.27 	to the covered battery collector for performing the covered services. The covered battery 
19.28 	stewardship plan must identify the covered battery collector as providing covered services 
19.29 	according to section 115A.1335, subdivision 2, paragraph (a), clause (5).
19.30 	(c) The covered battery stewardship organizations must allow the following persons to 
19.31 	serve as a covered battery collector:
20.1 	(1) a person that agrees to operate or continues to operate a covered battery collection 
20.2 	site in compliance with section 115A.1341, subdivision 1, paragraphs (a) and (e), and with 
20.3 	paragraph (b), (c), or (d), as applicable, and with:
20.4 	(i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (17) to 
20.5 	(20), (22), and (23), and any other applicable provisions of the covered battery stewardship 
20.6 	plan in section 115A.1335; and
20.7 	(ii) section 115A.1341; and
20.8 	(2) a household hazardous waste management program.
20.9 	(d) The covered battery stewardship organization may terminate a covered battery 
20.10 	collector, except a household hazardous waste management program, and cease payment 
20.11 	to the covered battery collector for good cause. Good cause under this paragraph does not 
20.12 	include accepting a battery subject to recall. The covered battery stewardship organization 
20.13 	may suspend a covered battery collector that is a household hazardous waste management 
20.14 	program and cease payment to the covered battery collector for good cause with the approval 
20.15 	of the commissioner, until the commissioner determines that the household hazardous waste 
20.16 	management program is compliant with sections 115A.1331 to 115A.1347.
20.17 		Subd. 2.Accessibility. (a) The covered battery stewardship program must provide 
20.18 	convenient, equitable, and accessible service to all persons in Minnesota, including but not 
20.19 	limited to people of color; Minnesota Tribal governments as defined in section 10.65, 
20.20 	subdivision 2; those that are non-English speaking; immigrant and refugee communities; 
20.21 	those with limited access to transportation; and those in environmental justice areas.
20.22 	(b) The covered battery stewardship program must include collection opportunities 
20.23 	beyond those required under section 115A.1335, subdivision 3, to better serve populations 
20.24 	under paragraph (a).
20.25 	(c) Where feasible, the covered battery stewardship program must encourage establishing 
20.26 	covered battery collection sites in proximity to local public transit.
20.27 		Subd. 3.Oversight. The covered battery stewardship organization must ensure that 
20.28 	covered batteries and residual materials managed under the covered battery stewardship 
20.29 	program are managed according to the performance standards in section 115A.1335, 
20.30 	subdivision 2, paragraph (a), clause (14), by all persons providing covered services.
20.31 		Subd. 4.Program effectiveness. (a) To support the effectiveness of the covered battery 
20.32 	stewardship program, the covered battery stewardship organization must provide outreach 
20.33 	and education to:
21.1 	(1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate 
21.2 	a sale of covered batteries in or into the state, to inform them of the requirements of section 
21.3 	115A.1347, subdivision 2;
21.4 	(2) potential covered battery collectors and persons that are collecting covered batteries 
21.5 	before the effective date of this section to inform them how to request coverage by the 
21.6 	covered battery stewardship program; and
21.7 	(3) members of the public to raise awareness of:
21.8 	(i) public health and safety and environmental risks caused by improperly charging, 
21.9 	storing, and disposing of covered batteries;
21.10 	(ii) the need to safely charge and store covered batteries;
21.11 	(iii) the benefits of recycling covered batteries in contrast to disposal; and
21.12 	(iv) the existence of the covered battery stewardship program and the ability to manage 
21.13 	covered batteries at no cost, including the location and convenience of covered battery 
21.14 	collection sites in the state.
21.15 	(b) The covered battery stewardship organization must maintain a publicly accessible 
21.16 	website to locate covered battery collection sites through map-based and text-based searches.
21.17 	(c) The commissioner may determine the effectiveness of the covered battery stewardship 
21.18 	program using information from waste composition studies under section 115A.412 and 
21.19 	other information available to the commissioner. The commissioner may require the covered 
21.20 	battery stewardship organization to submit for approval proposals that when implemented 
21.21 	would decrease the incidence of covered batteries in solid waste in accordance with section 
21.22 	115A.1335, subdivision 2, paragraph (a), clause (39). The covered battery stewardship 
21.23 	organization must implement a proposal that is approved by the commissioner.
21.24 		Subd. 5.Stakeholder consultation. (a) Covered battery stewardship organizations must 
21.25 	jointly and regularly consult with stakeholders associated with covered batteries. At least 
21.26 	one consultation meeting must occur before each covered battery stewardship plan is 
21.27 	submitted to the commissioner.
21.28 	(b) Consultation meetings are to:
21.29 	(1) assist with drafting and continuous review of a covered battery stewardship 
21.30 	organization's outreach and education activities, including but not limited to signage and 
21.31 	educational materials; and
22.1 	(2) make recommendations to a covered battery stewardship organization and the 
22.2 	commissioner to continuously improve the effectiveness of the outreach and education 
22.3 	activities and maximize participation in a covered battery stewardship program.
22.4 	(c) Meetings must include representatives of stakeholders of the covered battery 
22.5 	stewardship program, including but not limited to the commissioner, household hazardous 
22.6 	waste management programs, covered battery collectors that are not household waste 
22.7 	management programs, persons providing or that might provide covered services, producers, 
22.8 	and other persons providing statewide representation.
22.9 		Subd. 6.Reporting. By June 1 each year after a covered battery stewardship plan is 
22.10 	approved under section 115A.1335, subdivision 4, the covered battery stewardship 
22.11 	organization must report to the commissioner, in a form and manner prescribed by the 
22.12 	commissioner, on the covered battery stewardship organization's activities during the 
22.13 	preceding calendar year. The report must include:
22.14 	(1) the address, county of location, and geolocation data for each covered battery 
22.15 	collection site served by the covered battery stewardship program during the preceding 
22.16 	calendar year;
22.17 	(2) the chemistry by weight of covered batteries collected during each calendar year, in 
22.18 	accordance with section 115A.1335, subdivision 2, paragraph (a), clause (25);
22.19 	(3) a description by chemistry by weight of the end management through recycling or 
22.20 	disposal of the covered batteries shipped from covered battery collection sites under the 
22.21 	covered battery stewardship program, in accordance with section 115A.1335, subdivision 
22.22 	2, paragraph (a), clause (38);
22.23 	(4) the method or methods of verification used by the covered battery stewardship 
22.24 	organization to ensure that the description in clause (3) accurately reflects the actual end 
22.25 	management of the covered batteries;
22.26 	(5) the effectiveness of the covered battery stewardship organization's efforts to decrease 
22.27 	the incidence of covered batteries in solid waste in the state, in accordance with section 
22.28 	115A.1335, subdivision 2, paragraph (a), clause (39);
22.29 	(6) a summary of the results of the oversight according to section 115A.1335, subdivision 
22.30 	2, paragraph (a), clause (14);
22.31 	(7) a description of outreach and education activities provided by the covered battery 
22.32 	stewardship organization during the preceding calendar year according to subdivision 4;
23.1 	(8) a financial report on the covered battery stewardship program, including actual costs 
23.2 	and funding compared to the budget for the year submitted under section 115A.1335, 
23.3 	subdivision 2, paragraph (b). The financial report must include an audit report of the covered 
23.4 	battery stewardship program, including the covered battery stewardship organization and 
23.5 	any additional covered battery stewardship organizations, by an independent auditor. The 
23.6 	independent auditor may be selected by the covered battery stewardship organization and 
23.7 	may be rejected by the commissioner for good cause. If the commissioner rejects an 
23.8 	independent auditor, the covered battery stewardship organization must select a different 
23.9 	independent auditor for approval or rejection by the commissioner;
23.10 	(9) the proposed and actual budget for the period covered by the report; and
23.11 	(10) starting on the second April after the covered battery stewardship organization's 
23.12 	first covered battery stewardship plan is approved by the commissioner, and then every 
23.13 	third year thereafter, a performance audit of the covered battery stewardship program. The 
23.14 	performance audit must conform to audit standards established by the United States 
23.15 	Government Accountability Office; the National Association of State Auditors, Comptrollers 
23.16 	and Treasurers; or another nationally recognized organization approved by the commissioner.
23.17 		Subd. 7.Organization of a covered battery stewardship organization. (a) A covered 
23.18 	battery stewardship organization must comply with section 5.36.
23.19 	(b) A covered battery stewardship organization may contract with any persons to 
23.20 	implement or administer a portion or portions of the covered battery stewardship plan or to 
23.21 	coordinate with a group or groups of participants.
23.22 	(c) A contract established under paragraph (b) must be described under section 
23.23 	115A.1335, subdivision 2, paragraph (a), clause (6).
23.24 	(d) Notwithstanding any contract established under paragraph (b), the covered battery 
23.25 	stewardship organization must:
23.26 	(1) submit a covered battery stewardship plan to the commissioner meeting the 
23.27 	requirements of sections 115A.1331 to 115A.1347;
23.28 	(2) submit a report to the commissioner according to subdivision 6 meeting the 
23.29 	requirements of sections 115A.1331 to 115A.1347;
23.30 	(3) serve as the single point of contact for reporting, reimbursement, and payment to the 
23.31 	agency; and
24.1 	(4) maintain all responsibility and liability for compliance with all other requirements 
24.2 	of sections 115A.1331 to 115A.1347 applicable to the covered battery stewardship 
24.3 	organization.

24.4 	EFFECTIVE DATE. This section is effective July 1, 2027.

24.5 	Sec. 6. [115A.1339] FEES.
24.6 		Subdivision 1.Administrative fees. (a) By October 1, 2027, the commissioner must 
24.7 	calculate the sum of all costs that the agency incurred to implement and administer sections 
24.8 	115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027.
24.9 	(b) By December 1, 2027, the commissioner must assess an administrative fee and 
24.10 	equally split the fee among all covered battery stewardship organizations at an amount that 
24.11 	is adequate to reimburse the agency's costs calculated under paragraph (a). A covered battery 
24.12 	stewardship organization must pay the assessed administrative fee by the due date set by 
24.13 	the commissioner.
24.14 	(c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum 
24.15 	of all costs that the agency incurred to implement and administer sections 115A.1331 to 
24.16 	115A.1347 during the six months of July through December of the preceding calendar year. 
24.17 	By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of 
24.18 	all costs that the agency incurred to implement and administer sections 115A.1331 to 
24.19 	115A.1347 during the six months of January through June of that calendar year.
24.20 	(d) Notwithstanding section 16A.1283, the commissioner must semiannually assess the 
24.21 	annual administrative fees and equally split the fees among all covered battery stewardship 
24.22 	organizations at an amount that is adequate to reimburse the agency's costs calculated under 
24.23 	paragraph (c). A covered battery stewardship organization must pay the assessed 
24.24 	administrative fees by the due dates set by the commissioner.
24.25 	(e) All agency costs calculated under this subdivision may be recovered in a civil action 
24.26 	brought by the attorney general against any person that may be liable under this subdivision 
24.27 	or any other law. Any costs that are recovered by the attorney general, including any award 
24.28 	of attorney fees, must be deposited in the covered battery stewardship account in the special 
24.29 	revenue fund.
24.30 		Subd. 2.Disposition of fees. The total amount of net fees collected under this section 
24.31 	must not exceed the amount necessary to reimburse agency costs as calculated under 
24.32 	subdivision 1. All fees received under subdivision 1 must be deposited in the state treasury 
24.33 	and credited to a covered battery stewardship account in the special revenue fund. The 
25.1 	amount collected under this section is annually appropriated to the commissioner to 
25.2 	implement and enforce sections 115A.1331 to 115A.1347.

25.3 	EFFECTIVE DATE. This section is effective July 1, 2026.

25.4 	Sec. 7. [115A.1341] COVERED BATTERY COLLECTOR DUTIES.
25.5 		Subdivision 1.Accepting covered batteries. (a) All covered battery collectors must 
25.6 	accept covered batteries of any brand, type, or chemistry without imposing a fee, charge, 
25.7 	surcharge, or other cost to any person other than the covered battery stewardship organization.
25.8 	(b) At a covered large battery collection site, a covered battery collector must accept 
25.9 	from any person daily at least:
25.10 	(1) ten covered small batteries;
25.11 	(2) four covered medium batteries; and
25.12 	(3) two covered large batteries.
25.13 	(c) At a covered medium battery collection site, a covered battery collector must accept 
25.14 	from any person daily at least:
25.15 	(1) ten covered small batteries; and
25.16 	(2) four covered medium batteries.
25.17 	(d) At a covered small battery collection site, a covered battery collector must accept 
25.18 	from any person daily at least ten covered small batteries.
25.19 	(e) A covered battery collection site must be open to receiving covered batteries at least 
25.20 	12 operating hours per week, 50 weeks each calendar year.
25.21 	(f) A household hazardous waste management program may accept covered batteries at 
25.22 	any covered battery collection site that the program operates.
25.23 	(g) A covered battery stewardship organization may count a covered battery collection 
25.24 	site when demonstrating compliance with the convenience standards under section 
25.25 	115A.1335, subdivision 3, only if the covered battery collection site complies with paragraph 
25.26 	(b), (c), or (d).
25.27 		Subd. 2.Storing accepted covered batteries. A covered battery collector must manage 
25.28 	and store all accepted covered batteries safely and in compliance with all applicable federal, 
25.29 	state, and local laws, including but not limited to applicable rules adopted under section 
25.30 	116.07 for managing solid waste and hazardous waste.
26.1 		Subd. 3.Training. A covered battery collector must ensure and document that training 
26.2 	is provided for covered battery collection site employees on identifying and safely handling 
26.3 	and storing covered batteries, including damaged, defective, or recalled batteries, also known 
26.4 	as DDR batteries. The covered battery collector may provide the training or may receive 
26.5 	training through the covered battery stewardship organization.
26.6 		Subd. 4.Record keeping. (a) A covered battery collector must maintain records as 
26.7 	specified in this paragraph for at least three years and make the records available to the 
26.8 	commissioner for inspection. The records must include the chemistry by weight of covered 
26.9 	batteries and any additional information required by the commissioner. The records must 
26.10 	document for each calendar year the covered batteries:
26.11 	(1) accepted at a covered battery collection site; and
26.12 	(2) shipped from a covered battery collection site.
26.13 	(b) A covered battery collector must maintain documentation of each employee's training 
26.14 	related to covered batteries starting on the date of training and for at least three years 
26.15 	following the last day that the employee worked for the covered battery collector.

26.16 	EFFECTIVE DATE. This section is effective July 1, 2029.

26.17 	Sec. 8. [115A.1345] OTHER AUTHORITIES AND DUTIES.
26.18 		Subdivision 1.Limited private right of action against producers. (a) Except as 
26.19 	provided in paragraph (d), the covered battery stewardship organization may maintain a 
26.20 	civil action against one or more covered battery producers to recover a portion of the covered 
26.21 	battery stewardship organization's costs and additional amounts according to this subdivision.
26.22 	(b) Damages recoverable under this subdivision may not exceed a fair share of the actual 
26.23 	costs incurred by the plaintiff covered battery stewardship organization under sections 
26.24 	115A.1331 to 115A.1347; of managing covered batteries of other covered battery producers 
26.25 	that were not participants; or that should otherwise have been due to the covered battery 
26.26 	stewardship organization. Additional amounts recoverable under this subdivision include 
26.27 	an award of reasonable attorney fees and costs. If a defendant covered battery producer did 
26.28 	not participate in the covered battery stewardship program during the period when covered 
26.29 	batteries of the defendant were managed by the plaintiff covered battery stewardship 
26.30 	organization, a punitive sum of up to three times the damages awarded may be assessed.
26.31 	(c) A plaintiff covered battery stewardship organization may establish a defendant 
26.32 	covered battery producer's fair share of the plaintiff's actual costs by providing the court 
26.33 	with information establishing the process by which the defendant covered battery producer's 
27.1 	share of covered battery stewardship program costs would have been allocated had the 
27.2 	defendant covered battery producer been a participant in the program or paid its allocated 
27.3 	share if it was a participant. The plaintiff covered battery stewardship organization may use 
27.4 	data from covered battery producers similar in covered battery, financial status, or market 
27.5 	share to the defendant covered battery producer to provide the information.
27.6 	(d) An action may not be commenced under this subdivision against a potential defendant 
27.7 	until 60 days after the plaintiff provides to all potential defendants a written notice of the 
27.8 	claim setting forth the amount of the claim and the basis for the calculation of the amount.
27.9 	(e) No action may be brought under this subdivision against a person other than a covered 
27.10 	battery producer.
27.11 	(f) The commissioner may not be a party to or be required to provide assistance or 
27.12 	otherwise participate in a civil action authorized under this subdivision unless subject to a 
27.13 	subpoena before a court of jurisdiction.
27.14 		Subd. 2.Conduct authorized. A covered battery producer or covered battery stewardship 
27.15 	organization that organizes collection and covered services for covered batteries under 
27.16 	sections 115A.1331 to 115A.1347 is immune from liability for the conduct under state laws 
27.17 	relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade 
27.18 	or commerce only to the extent that the conduct is necessary to plan and implement the 
27.19 	covered battery producer's or covered battery stewardship organization's chosen system.
27.20 		Subd. 3.Duty to retain and provide information. (a) Upon request of the commissioner 
27.21 	for purposes of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125, 
27.22 	a person must furnish to the commissioner any information that the person has or may 
27.23 	reasonably obtain.
27.24 	(b) A covered battery stewardship organization must retain any information referenced 
27.25 	in a covered battery stewardship plan or report required under section 115A.1337 for at 
27.26 	least three years after the termination of the covered battery stewardship plan.
27.27 		Subd. 4.Contracts. (a) Any person awarded a contract under chapter 16C for purchase 
27.28 	or lease of covered batteries that is found to be in violation of sections 115A.1331 to 
27.29 	115A.1347 is subject to the following sanctions:
27.30 	(1) the contract must be voided if the commissioner of administration determines that 
27.31 	the potential adverse impact to the state is exceeded by the benefit obtained from voiding 
27.32 	the contract; and
28.1 	(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 
28.2 	1230.1150.
28.3 	(b) If the attorney general establishes that any money, property, or benefit was obtained 
28.4 	by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in 
28.5 	addition to any other remedy, order the disgorgement of the unlawfully obtained money, 
28.6 	property, or benefit.
28.7 		Subd. 5.Multistate implementation. The commissioner may participate in establishing 
28.8 	a regional multistate organization or compact to assist in carrying out the requirements of 
28.9 	sections 115A.1331 to 115A.1347.
28.10 		Subd. 6.Rules. The commissioner may adopt rules to implement sections 115A.1331 
28.11 	to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking 
28.12 	under this subdivision.
28.13 		Subd. 7.Batteries subject to recall for safety reasons. All costs for receipt, sorting, 
28.14 	storage, transport, processing, recycling, and disposal of a battery subject to recall for safety 
28.15 	reasons that would otherwise be a covered battery are the responsibility of the person that 
28.16 	would otherwise be the covered battery producer of the battery. A covered battery stewardship 
28.17 	organization may charge that person for any costs incurred by the covered battery stewardship 
28.18 	organization managing such a battery. The covered battery stewardship organization may 
28.19 	take action under subdivision 1 to recover such costs. A covered battery stewardship 
28.20 	organization is responsible only for collection and management of such a battery if received 
28.21 	by a covered battery collector, and not any other actions associated with recall of the battery.

28.22 	EFFECTIVE DATE. This section is effective January 1, 2026.

28.23 	Sec. 9. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING; 
28.24 	COVERED BATTERY SALES RESTRICTION.
28.25 		Subdivision 1.Disposal prohibition. (a) A person may not place a covered battery into:
28.26 	(1) solid waste; or
28.27 	(2) a recycling container that a covered battery collector has not clearly marked for use 
28.28 	for collecting covered batteries.
28.29 	(b) A person must manage a covered battery that is discarded by delivering the covered 
28.30 	battery to a covered battery collection site or to a recycling facility for covered batteries.
28.31 	(c) Until recycled, covered batteries are not exempt from any applicable rules adopted 
28.32 	under section 116.07 for managing hazardous waste.
29.1 		Subd. 2.Labeling and sale; requirements. (a) A person may not sell, including online 
29.2 	sales; offer for sale or promotional purposes; distribute; or facilitate a sale of a covered 
29.3 	battery in or into the state unless the covered battery is labeled as required under clauses 
29.4 	(1) and (2). Labeling under this paragraph must be permanently marked on or affixed to the 
29.5 	covered battery and must use language, graphics, or a QR code. A QR code must be 
29.6 	compliant with International Organization of Standardization 18004:2015 and access 
29.7 	equivalent data via the Internet that is available without a fee or a requirement to create an 
29.8 	account. The labeling must identify:
29.9 	(1) the battery chemistry employed to store energy in the battery; and
29.10 	(2) the manufacturer of the battery or the brand under which the battery will be sold.
29.11 	(b) A person may not sell, including online sales; offer for sale or promotional purposes; 
29.12 	distribute; or facilitate a sale of a covered battery or a battery-containing product in or into 
29.13 	the state unless:
29.14 	(1) the covered battery producer is named as a participant in a covered battery stewardship 
29.15 	plan approved by the commissioner published under section 115A.1335, subdivision 4;
29.16 	(2) the brand is named as covered in the covered battery stewardship plan approved by 
29.17 	the commissioner published under section 115A.1335, subdivision 4; or
29.18 	(3) the covered battery stewardship organization with which the covered battery producer 
29.19 	is a participant has obtained approval of reimbursement rates according to section 115A.1335.
29.20 	(c) A person may not sell, including online sales; offer for sale or promotional purposes; 
29.21 	distribute; or facilitate a sale of a covered battery or a battery-containing product in or into 
29.22 	the state if the covered battery stewardship plan under which the covered battery was covered 
29.23 	has been terminated under section 115A.1335, subdivision 5, until a new covered battery 
29.24 	stewardship plan is approved under section 115A.1335, subdivision 4.
29.25 	(d) This subdivision does not apply to sales, including online sales; offers for sale or 
29.26 	promotional purposes; distribution; or facilitation of a sale of a used covered battery or used 
29.27 	battery-containing product.

29.28 	EFFECTIVE DATE. This section is effective July 1, 2029.

29.29 	Sec. 10. Minnesota Statutes 2024, section 115A.554, is amended to read:
29.30 	115A.554 AUTHORITY OF SANITARY DISTRICTS.
29.31 	A sanitary district has the authorities and duties of counties within the district's boundary 
29.32 	for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; 
30.1 	115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961;
30.2 	116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.

30.3 	EFFECTIVE DATE. This section is effective July 1, 2029.

30.4 	Sec. 11. Minnesota Statutes 2024, section 115A.9157, is amended to read:
30.5 	115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.
30.6 		Subdivision 1.Definition. For the purpose of this section, "rechargeable battery" means 
30.7 	a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, 
30.8 	except a rechargeable battery governed by section 115A.9155 or exempted by the 
30.9 	commissioner under subdivision 9. The terms used in this section have the meanings given 
30.10 	in sections 115A.03 and 115A.1331.
30.11 		Subd. 2.Prohibition. Effective August 1, 1991, a person may not place in mixed 
30.12 	municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a 
30.13 	nonremovable rechargeable battery, or a product powered by rechargeable batteries or 
30.14 	rechargeable battery pack, from which all batteries or battery packs have not been removed.
30.15 	A person may not place a product powered by rechargeable batteries in solid waste unless 
30.16 	all batteries have been removed from the product.
30.17 		Subd. 3.Collection and management costs. A manufacturer of rechargeable batteries 
30.18 	or products powered by rechargeable batteries that are not easily removable from the products
30.19 	is responsible for the costs of collecting and managing its waste rechargeable batteries and 
30.20 	waste products under subdivision 5 to ensure that the products and batteries are not part of 
30.21 	the solid waste stream.
30.22 		Subd. 5.Collection and management programs. (a) By September 20, 1995, the 
30.23 	manufacturers A manufacturer under subdivision 3 or their representative organization shall 
30.24 	implement a permanent programs, based on the results of the pilot projects required in 
30.25 	Minnesota Statutes 1994, section 115A.9157, subdivision 4, program that may be reasonably 
30.26 	expected to collect 90 percent of the waste rechargeable batteries and the participating 
30.27 	manufacturers' manufacturer's products powered by rechargeable batteries that are not easily 
30.28 	removable from the products and that are generated as waste in the state. The batteries and
30.29 	products collected must be recycled or otherwise managed or disposed of properly.
30.30 	(b) In every odd-numbered year after 1995, each manufacturer or a representative 
30.31 	organization shall provide information to the commissioner and the senate and house of 
30.32 	representatives committees having jurisdiction over environment and natural resources and 
30.33 	environment and natural resources finance that specifies at least the estimated amount of 
31.1 	battery-containing products powered by rechargeable batteries that are not easily removed 
31.2 	from the products subject to this section sold generated as waste in the state by each
31.3 	manufacturer and, the amount of batteries each such products collected during the previous 
31.4 	two years, and the methodology used to calculate those amounts. A representative 
31.5 	organization may report the amounts in aggregate for all the members of the organization.
31.6 		Subd. 6.List of participants Program notice. A manufacturer or its representative 
31.7 	organization shall inform the commissioner and the committees listed in subdivision 5 when 
31.8 	they begin participating in the projects and programs implementing a program under 
31.9 	subdivision 5 and immediately if they withdraw participation stop implementing a program.
31.10 		Subd. 7.Contracts. A manufacturer or a representative organization of manufacturers 
31.11 	may contract with the state or a political subdivision any person to provide collection services 
31.12 	under this section. The manufacturer or organization shall fully reimburse the state or 
31.13 	political subdivision person for the value of any contractual services rendered under this 
31.14 	subdivision.
31.15 		Subd. 8.Anticompetitive conduct. A manufacturer or organization of manufacturers 
31.16 	and its officers, members, employees, and agents who participate in projects or programs 
31.17 	to collect and properly manage waste rechargeable batteries or products powered by 
31.18 	rechargeable batteries a program under this section are immune from liability under state 
31.19 	law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of 
31.20 	trade or commerce for activities related to the collection and management of batteries and
31.21 	products required under this section.
31.22 		Subd. 9.Exemptions. To ensure that new types of batteries do not add additional 
31.23 	hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner 
31.24 	of the agency may exempt a new type of rechargeable battery from the requirements of this 
31.25 	section if it poses no unreasonable hazard when placed in and processed or disposed of as 
31.26 	part of a mixed municipal solid waste.

31.27 	EFFECTIVE DATE. This section is effective July 1, 2026.

31.28 	Sec. 12. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:
31.29 		Subd. 6.Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or retailer 
31.30 	may not sell or distribute at no cost a thermometer containing mercury that was manufactured 
31.31 	after June 1, 2001.
31.32 	(b) Paragraph (a) does not apply to an electronic thermometer with a battery containing 
31.33 	mercury if the battery is in compliance with section 325E.125 subdivision 8l.
32.1 	(c) A manufacturer is in compliance with this subdivision if the manufacturer:
32.2 	(1) has received an exclusion or exemption from a state that is a member of the Interstate 
32.3 	Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no 
32.4 	alternative is available or for an application when no feasible alternative is available;
32.5 	(2) submits a copy of the approved exclusion or exemption to the commissioner; and
32.6 	(3) meets all of the requirements in the approved exclusion or exemption for the 
32.7 	manufacturer's activities within the state.

32.8 	EFFECTIVE DATE. This section is effective July 1, 2029.

32.9 	Sec. 13. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to 
32.10 	read:
32.11 		Subd. 8l.Ban; mercury in batteries. A person may not sell, offer for sale, or distribute 
32.12 	in or into the state:
32.13 	(1) an alkaline manganese battery that contains mercury that is not a button cell 
32.14 	nonrechargeable battery;
32.15 	(2) a nonrechargeable button cell battery that contains more than 25 milligrams of 
32.16 	mercury; or
32.17 	(3) a dry cell battery containing a mercuric oxide electrode.

32.18 	EFFECTIVE DATE. This section is effective July 1, 2029.

32.19 	Sec. 14. Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read:
32.20 		Subd. 5.Prohibitions. A manufacturer of rechargeable batteries or products powered 
32.21 	by rechargeable batteries that does not participate in the pilot projects and programs required 
32.22 	in section 115A.9157 A person may not sell, including online sales, facilitate a sale of, 
32.23 	distribute, or offer for sale in or into this state rechargeable batteries or products powered 
32.24 	by rechargeable batteries after January 1, 1992.
32.25 	After January 1, 1992, a person who first purchases rechargeable batteries or products 
32.26 	powered by rechargeable batteries for importation into the state for resale may not purchase 
32.27 	rechargeable batteries or products powered by rechargeable batteries made by any person 
32.28 	other than a that are not easily removable unless the manufacturer that participates in the 
32.29 	projects and programs program required under section 115A.9157.

32.30 	EFFECTIVE DATE. This section is effective July 1, 2026.

33.1 	Sec. 15. Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read:
33.2 		Subd. 2.Recovery of costs. Section 325E.125 may be enforced under section sections
33.3 	115.071 and 116.072. In an enforcement action under this section in which the state prevails, 
33.4 	the state may recover reasonable administrative expenses, court costs, and attorney fees 
33.5 	incurred to take the enforcement action, in an amount to be determined by the court.

33.6 	EFFECTIVE DATE. This section is effective July 1, 2026.

33.7 	Sec. 16. REPEALER.
 33.8 	Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3; 
33.9 	325E.125, subdivisions 1, 2, 2a, 3, and 4; and 325E.1251, subdivision 1, are repealed.

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.