HF 3713

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/07/2026 04:18 p.m.

A bill for an act
relating to solid waste; requiring producers of textiles, carpet, and mattresses to
establish and fund a system to collect and manage those products when disposed
of; creating an account; imposing penalties; requiring a report; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 115A.

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

Section 1.

new text begin [115A.147] TITLE.
new text end

new text begin Sections 115A.147 to 115A.1487 may be cited as the "Responsible Textile Waste
Recovery Act."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [115A.1471] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Aggregate global gross revenue. new text end

new text begin "Aggregate global gross revenue"
means the sum of the respective gross revenue of the following:
new text end

new text begin (1) the producer concerned;
new text end

new text begin (2) entities in which the producer:
new text end

new text begin (i) owns more than one-half the capital or business assets;
new text end

new text begin (ii) has the power to exercise more than 50 percent of the voting rights;
new text end

new text begin (iii) has the power to appoint more than 50 percent of the members of the supervisory
board, the administrative board, or bodies legally representing the undertakings; or
new text end

new text begin (iv) has the right to manage the entities' affairs;
new text end

new text begin (3) entities that have in the producer concerned the rights or powers listed in clause (2);
new text end

new text begin (4) entities in which an entity described in clause (3) has the rights or powers listed in
clause (2); and
new text end

new text begin (5) entities in which two or more entities described in clauses (1) to (4) jointly have the
rights or powers listed in clause (2).
new text end

new text begin Subd. 2. new text end

new text begin Apparel. new text end

new text begin (a) "Apparel" means clothing and accessory items intended for regular
wear, formal occasions, or outdoor activities. Apparel includes only undergarments, shirts,
pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves,
tops, leggings, school uniforms, leisure wear, athletic wear, sports uniforms, swimwear,
formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories,
jackets, coats, snow pants, ski pants, and everyday uniforms for work wear.
new text end

new text begin (b) Apparel does not include:
new text end

new text begin (1) personal protective equipment or clothing items for use by the United States military;
new text end

new text begin (2) personal protective equipment worn to protect the wearer from health or environmental
hazards; or
new text end

new text begin (3) reusable products designed to collect and absorb urine and feces, or reusable products
regulated by the United States Food and Drug Administration that are designed to collect
and absorb menstrual or vaginal discharge.
new text end

new text begin Subd. 3. new text end

new text begin Brand. new text end

new text begin "Brand" means a trademark, including both a registered trademark and
an unregistered trademark; logo; name; symbol; word; identifier; or traceable mark that
identifies a covered product and identifies the brand owner or licensee of the brand.
new text end

new text begin Subd. 4. new text end

new text begin Carpet. new text end

new text begin "Carpet" means a manufactured article that is affixed or placed on the
floor or building walking surface in a commercial or residential building as a decorative or
functional building interior feature and that is primarily constructed of a top visible surface
of synthetic face fibers or yarns or tufts attached to a backing system derived from synthetic
or natural materials. Carpet includes but is not limited to a commercial or a residential
broadloom carpet or modular carpet tiles. Carpet does not include a rug, pad, cushion, or
underlayment used in conjunction with, or separately from, a carpet.
new text end

new text begin Subd. 5. new text end

new text begin Collection box. new text end

new text begin "Collection box" means an unattended container, box, receptacle,
or similar device used to solicit and collect donations of covered products.
new text end

new text begin Subd. 6. new text end

new text begin Collection site. new text end

new text begin "Collection site" means a permanent or temporary location
operated by a collector where covered products are collected and prepared for transport and
further processing under a producer responsibility plan.
new text end

new text begin Subd. 7. new text end

new text begin Collector. new text end

new text begin "Collector" means a person or entity that has entered into an
agreement with a producer responsibility organization to collect covered products.
new text end

new text begin Subd. 8. new text end

new text begin Consumer. new text end

new text begin "Consumer" means the ultimate purchaser, owner, or lessee of a
covered product, including a person, business, corporation, limited partnership, nonprofit
organization, or governmental entity. Consumer does not include the distributor, importer,
producer, recycler, or retailer of the covered product or a producer responsibility organization.
new text end

new text begin Subd. 9. new text end

new text begin Covered product. new text end

new text begin "Covered product" means a textile, carpet, or mattress.
Covered product does not include a window covering that is:
new text end

new text begin (1) manually adjusted by pulling cords or lifting mechanisms; or
new text end

new text begin (2) operated using an electric motor or other automated system.
new text end

new text begin Subd. 10. new text end

new text begin Distributor. new text end

new text begin "Distributor" means a company that has a contractual relationship
with one or more producers to market and sell covered products to a retailer.
new text end

new text begin Subd. 11. new text end

new text begin Eco-modulated fee. new text end

new text begin "Eco-modulated fee" means a fee assessed on a producer
that reflects the cost of collecting and managing the producer's covered products based on
the products' environmental characteristics, with the intent to incentivize design choices
that facilitate increased levels of reuse, repair, and recycling.
new text end

new text begin Subd. 12. new text end

new text begin Exclusive licensee. new text end

new text begin "Exclusive licensee" means a person holding the exclusive
right to use a trademark or brand in this state in connection with the manufacture, sale, or
distribution for sale in or into this state of a covered product.
new text end

new text begin Subd. 13. new text end

new text begin Importer. new text end

new text begin "Importer" means:
new text end

new text begin (1) a person qualifying as an importer of record for purposes of United States Code, title
19, section 1484(a)(2)(B), with regard to the import of a covered product that is sold,
distributed for sale, or offered for sale in or into this state and that was manufactured or
assembled outside the United States; or
new text end

new text begin (2) a person importing into this state for sale, or distributing or offering for sale in this
state, a covered product that is manufactured or assembled outside this state.
new text end

new text begin Subd. 14. new text end

new text begin Internet seller. new text end

new text begin "Internet seller" means a person or entity that sells covered
products in or into this state via the Internet.
new text end

new text begin Subd. 15. new text end

new text begin Mail-back program. new text end

new text begin "Mail-back program" means a method of collecting a
covered product by having a consumer ship the product using a prepaid, preaddressed
mailing envelope, box, or other packaging.
new text end

new text begin Subd. 16. new text end

new text begin Mattress. new text end

new text begin "Mattress" means a resilient material or combination of materials
that is enclosed by a tightly woven cover and is intended or promoted for sleeping upon.
Mattress includes a foundation, a renovated mattress or renovated foundation, and a futon
mattress. Mattress does not include:
new text end

new text begin (1) an unattached mattress pad or unattached mattress topper, including items with
resilient filling, with or without a tightly woven cover, intended to be used with or on top
of a mattress;
new text end

new text begin (2) a sleeping bag or pillow;
new text end

new text begin (3) a car bed, crib, or bassinet mattress;
new text end

new text begin (4) a product designed for use by juveniles, including a carriage, basket, dressing table,
stroller, playpen, infant carrier, lounge pad, or crib bumper, and pads for those products;
new text end

new text begin (5) a product with a liquid- or gaseous-filled cover, including a water bed or air mattress
that does not contain upholstery material between the cover and the mattress core; or
new text end

new text begin (6) upholstered furniture that does not otherwise contain a detachable mattress or that
is a fold-out sofa bed, sleeper sofa, or folding cot.
new text end

new text begin Subd. 17. new text end

new text begin Needs assessment. new text end

new text begin "Needs assessment" means a document prepared by a
producer responsibility organization in accordance with section 115A.1474.
new text end

new text begin Subd. 18. new text end

new text begin Nonprofit thrift store. new text end

new text begin "Nonprofit thrift store" means a retail establishment:
new text end

new text begin (1) operated by an organization that is exempt from federal taxation under section
501(c)(3) of the Internal Revenue Code;
new text end

new text begin (2) that sells used pieces of clothing, household items, or other items at retail; and
new text end

new text begin (3) that expends at least 75 percent of its net income to provide medical, hospice, or
social services to the chronically ill.
new text end

new text begin Subd. 19. new text end

new text begin Participant. new text end

new text begin "Participant" means a producer, collector, sorter, repair business,
or recycler that has entered into an agreement with a producer responsibility organization
to operate under a plan.
new text end

new text begin Subd. 20. new text end

new text begin Political subdivision. new text end

new text begin "Political subdivision" means a city, county, town, or
solid waste management district.
new text end

new text begin Subd. 21. new text end

new text begin Producer. new text end

new text begin (a) "Producer" means the following person responsible for
compliance with sections 115A.147 to 115A.1487 for a covered product introduced in this
state:
new text end

new text begin (1) a person who manufactures a covered product and who owns or is the licensee of
the brand or trademark under which that covered product is sold, offered for sale, or
distributed for sale in or into this state;
new text end

new text begin (2) if there is no person in this state who is the producer for purposes of clause (1), the
producer of the covered product is the owner of a brand or trademark or, if the owner is not
in the state, the exclusive licensee of a brand or trademark under which the covered product
is sold, imported for sale, offered for sale, or distributed for sale in or into this state,
regardless of whether the trademark is registered;
new text end

new text begin (3) if there is no person in the state who is the producer for purposes of clause (1) or (2),
the producer of the covered product is the person that imports the covered product into this
state for sale or distribution; or
new text end

new text begin (4) if there is no other person in the state who is the producer for purposes of clause (1),
(2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler who
sells the product in or into this state.
new text end

new text begin (b) A person who manufactures, distributes, imports, offers for sale, or sells the covered
product may assume some or all of the duties and liabilities of the producer of the covered
product and relieve from those duties and liabilities any other person who manufactures,
distributes, imports, offers for sale, or sells the covered product.
new text end

new text begin (c) Producer does not include:
new text end

new text begin (1) a seller that sells only secondhand covered products; or
new text end

new text begin (2) a seller with less than $1,000,000 in annual aggregate global gross revenue.
new text end

new text begin Subd. 22. new text end

new text begin Producer responsibility organization. new text end

new text begin "Producer responsibility organization"
means an organization that is exempt from taxation under section 501(c)(3) of the federal
Internal Revenue Code and is approved by the commissioner for the purpose of implementing
a plan to meet the requirements of sections 115A.147 to 115A.1487.
new text end

new text begin Subd. 23. new text end

new text begin Producer responsibility plan or plan. new text end

new text begin "Producer responsibility plan" or
"plan" means the plan developed by a producer responsibility organization to collect,
transport, repair, recycle, and safely and properly manage covered products as required
under sections 115A.147 to 115A.1487.
new text end

new text begin Subd. 24. new text end

new text begin Product type. new text end

new text begin "Product type" means a specific category of covered product,
comprised of carpet, mattress, or textile.
new text end

new text begin Subd. 25. new text end

new text begin Recycle or recycling. new text end

new text begin "Recycle" or "recycling" has the meaning given in
section 115A.03, subdivision 25b.
new text end

new text begin Subd. 26. new text end

new text begin Repair. new text end

new text begin "Repair" means to alter or improve a damaged covered product deemed
to be worth the cost of repair under criteria established in the plan, including but not limited
to:
new text end

new text begin (1) redesigning and repurposing;
new text end

new text begin (2) mending rips, holes, seams, and hems;
new text end

new text begin (3) removing and repairing surface damage, such as pilling, stains, or abrasion;
new text end

new text begin (4) securing and reattaching buttons and other fastenings;
new text end

new text begin (5) dyeing, redyeing, overdyeing, or printing images upon; or
new text end

new text begin (6) otherwise preparing for reuse.
new text end

new text begin Subd. 27. new text end

new text begin Repair business. new text end

new text begin "Repair business" means a person or entity that has entered
into an agreement with a producer responsibility organization to repair covered products
for resale after collection by a collector or after sorting by a sorter.
new text end

new text begin Subd. 28. new text end

new text begin Responsible end market. new text end

new text begin "Responsible end market" has the meaning given
to the term "responsible market" in section 115A.1441, subdivision 31.
new text end

new text begin Subd. 29. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a person who sells or offers for sale a covered
product to a person through any means in or into this state.
new text end

new text begin Subd. 30. new text end

new text begin Reuse. new text end

new text begin "Reuse" means the resale of a collected covered product to a consumer
for its original intended use with or without repair.
new text end

new text begin Subd. 31. new text end

new text begin Sale. new text end

new text begin "Sale" means the delivery of a covered product to a consumer in this
state.
new text end

new text begin Subd. 32. new text end

new text begin Secondhand covered product. new text end

new text begin "Secondhand covered product" means a
covered product that has been previously owned by a consumer.
new text end

new text begin Subd. 33. new text end

new text begin Secondhand market. new text end

new text begin "Secondhand market" means a retailer who sells
secondhand covered products, including but not limited to collection box operators, online
resale platforms, and flea markets.
new text end

new text begin Subd. 34. new text end

new text begin Sell. new text end

new text begin "Sell" means to:
new text end

new text begin (1) transfer title or possession of, exchange, or barter for tangible personal property for
consideration, conditional or otherwise, in any manner or by any means;
new text end

new text begin (2) produce, fabricate, process, print, or imprint tangible personal property for
consideration for consumers who furnish directly or indirectly the materials used in those
processes;
new text end

new text begin (3) transfer possession of property while allowing the seller to retain the title as security
for the payment of the price; or
new text end

new text begin (4) for consideration, transfer title or possession of tangible personal property that has
been produced, fabricated, or printed to the special order of the customer or of any
publication.
new text end

new text begin Subd. 35. new text end

new text begin Sorter. new text end

new text begin "Sorter" means a person or entity that has entered into an agreement
with a producer responsibility organization to sort covered products collected by collectors.
new text end

new text begin Subd. 36. new text end

new text begin Stewardship program. new text end

new text begin "Stewardship program" means a program established
by a producer responsibility organization under sections 115A.147 to 115A.1487 for the
free, convenient, and safe collection, transportation, repair, recycling, and proper management
of covered products.
new text end

new text begin Subd. 37. new text end

new text begin Textile. new text end

new text begin (a) "Textile" means:
new text end

new text begin (1) apparel; or
new text end

new text begin (2) an item customarily used in households or businesses that is made entirely or primarily
from a natural, artificial, or synthetic fiber, yarn, or fabric, including only blankets, curtains,
fabric window coverings, knitted and woven accessories, towels, tapestries, bedding,
tablecloths, napkins, linens, and pillows.
new text end

new text begin (b) Textile does not include a single-use product, including a paper towel, a paper napkin,
toilet paper, facial tissue, and a wet or dry wipe.
new text end

new text begin Subd. 38. new text end

new text begin Transporter. new text end

new text begin "Transporter" means a person or entity that has entered into an
agreement with a producer responsibility organization to transport covered products from
a collection site for further processing or final disposition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [115A.1472] PRODUCER RESPONSIBILITY ORGANIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Registration. new text end

new text begin (a) No later than ...., producers must appoint a producer
responsibility organization for the purpose of developing and implementing a system of
managing covered products that complies with sections 115A.147 to 115A.1487. The
producer responsibility organization must register with the commissioner by .... by
submitting:
new text end

new text begin (1) contact information for a person responsible for implementing an approved producer
responsibility plan;
new text end

new text begin (2) a list of all member producers that have entered into written agreements to operate
under an approved producer responsibility plan administered by the producer responsibility
organization and, for each producer, a list of all brands of the producer's covered products;
new text end

new text begin (3) copies of written agreements with each producer stating that the producer agrees to
operate under an approved producer responsibility plan administered by the producer
responsibility organization;
new text end

new text begin (4) a list of board members for the producer responsibility organization, which must
consist of producers of varying sizes and types that market a diversity of covered products.
The governing board may include ex officio members involved in the collection, sorting,
repair, reuse, recycling, or management of covered products; and
new text end

new text begin (5) documentation demonstrating adequate financial responsibility and financial controls
to ensure proper management of funds and payment of the registration fee required under
subdivision 2.
new text end

new text begin (b) After the initial producer responsibility organization is established and the initial
producer responsibility plan is approved, additional producer responsibility organizations
may be approved by the commissioner upon determination that additional producer
responsibility organizations would help satisfy the requirements of sections 115A.147 to
115A.1487. If more than one producer responsibility organization is approved, the producers
and producer responsibility organizations must establish a coordinating body and process
to prevent redundancy. The coordinating body must integrate into a single document and
submit to the commissioner for approval the producer responsibility plans prepared under
section 115A.1475 and the annual reports prepared under section 115A.1479.
new text end

new text begin Subd. 2. new text end

new text begin Registration fee new text end

new text begin (a) Within nine months after the effective date of rules adopted
under section 115A.1487, the commissioner must notify a producer responsibility
organization of the agency's estimated cost to implement and enforce sections 115A.147 to
115A.1487, including the costs of rule development and other start-up activities before the
initial plan was submitted. Thereafter, the commissioner must provide annual written notice
to a producer responsibility organization of the agency's estimated cost to implement and
enforce sections 115A.147 to 115A.1487 for the coming year. The commissioner must
annually reconcile the registration fee with the actual costs of implementation and
enforcement when the costs become available.
new text end

new text begin (b) The producer responsibility organization must annually pay a registration fee to the
commissioner on a schedule determined by the commissioner. The fee is equal to the amount
determined under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Producer participation; attribution of program costs; fees. new text end

new text begin (a) Each producer
must register with a producer responsibility organization. A producer selling covered products
in this state for the first time must register with the approved producer responsibility
organization no less than 60 days before initially offering covered products for sale in this
state.
new text end

new text begin (b) A producer responsibility organization is responsible for paying all administrative
and operational costs associated with establishing and operating a stewardship program,
including but not limited to the cost of collection, transportation, sorting, repairing, recycling,
and the safe and proper management of covered products.
new text end

new text begin (c) A producer responsibility organization must annually collect sufficient revenue from
producers via an eco-modulated fee that is approved by the commissioner under section
115A.1475 and that distributes the program's costs among producers to fully fund all
administrative and operational costs of the stewardship program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [115A.1473] BRAND LIST.
new text end

new text begin (a) No later than 30 days after the effective date of rules adopted under section
115A.1487, individual producers or the producer responsibility organization must provide
the commissioner, in a form and manner determined by the commissioner, a list of brands
of covered products that each producer sells, distributes, imports, or offers for sale in or
into this state.
new text end

new text begin (b) A producer or producer responsibility organization must update the list described in
paragraph (a) and provide the updated list to the commissioner on or before January 15 each
year or upon the commissioner's request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [115A.1474] NEEDS ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Needs assessment; development. new text end

new text begin (a) No later than ...., a producer
responsibility organization must, after consulting with the commissioner and political
subdivisions and a broad diversity of collectors, sorters, and recyclers, prepare an initial
statewide needs assessment that is designed to determine the strategy, organization, and
investments necessary to achieve the requirements of sections 115A.147 to 115A.1487. An
initial needs assessment must be completed before the producer responsibility plan is
submitted to the commissioner. A producer responsibility organization may engage an
independent third-party contractor to prepare a needs assessment.
new text end

new text begin (b) A producer responsibility organization must pay the cost of developing or updating
a needs assessment.
new text end

new text begin (c) A producer responsibility organization may prepare separate needs assessments for
one or more covered products or may prepare a single needs assessment that includes all
covered products.
new text end

new text begin (d) The commissioner must evaluate whether the needs assessment meets the requirements
of subdivision 2 and must review and approve, conditionally approve, or disapprove the
needs assessment within 90 days after it is submitted.
new text end

new text begin (e) If more than one producer responsibility organization has been approved by the
commissioner at the time an updated needs assessment is prepared, the producer responsibility
organizations may collaborate on a single updated needs assessment.
new text end

new text begin (f) A producer responsibility organization must update the needs assessment, or
components thereof, at least every five years or as necessary to ensure the provisions of
sections 115A.147 to 115A.1487 are met.
new text end

new text begin Subd. 2. new text end

new text begin Needs assessment; content. new text end

new text begin A needs assessment must contain, at a minimum:
new text end

new text begin (1) separate estimates of the volume of covered products, by product type, that are
recycled, repaired, reused, disposed of in landfills, and otherwise processed;
new text end

new text begin (2) an inventory of the number, location, and capacity of existing facilities available to
collect, transport, sort, recycle, repair, and reuse covered products;
new text end

new text begin (3) identification of existing laws and funding sources governing the management of
covered products;
new text end

new text begin (4) a discussion of current market conditions and the existence and robustness of
responsible end markets for covered products; and
new text end

new text begin (5) an evaluation of actions and strategies designed to develop a solid waste management
system for covered products that meets the requirements of sections 115A.147 to 115A.1487
with respect to:
new text end

new text begin (i) consumer education and the best methods to reach consumers;
new text end

new text begin (ii) consumer behaviors that drive repair, reuse, and recycling;
new text end

new text begin (iii) funding needs and incentive mechanisms, including how best to implement the
eco-modulated fee structure required under section 115A.1472;
new text end

new text begin (iv) reductions in existing fees or fee redistribution mechanisms that equitably distribute
costs among producers;
new text end

new text begin (v) actions and investments to provide sufficient access to solid waste management
services;
new text end

new text begin (vi) ensuring the availability of responsible end markets for recycled covered products;
new text end

new text begin (vii) reducing the presence of perfluoroalkyl and polyfluoroalkyl substances and other
harmful chemicals contained in covered products; and
new text end

new text begin (viii) whether allowing more than one producer responsibility organization would improve
the stewardship program effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

new text begin [115A.1475] PRODUCER RESPONSIBILITY PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Plan content. new text end

new text begin (a) A producer responsibility organization must develop
a plan to accept and manage all postconsumer covered products. The plan must include:
new text end

new text begin (1) the names and contact information of producers and brands of covered products
operating under the plan, including email addresses, phone numbers, and mailing and
physical addresses;
new text end

new text begin (2) a description of the method designed to fully fund the producer responsibility
organization in a manner that distributes costs among the participating producers, using a
per unit eco-modulated fee that reflects Minnesota sales volumes; existing producer
collection, repair, reuse, and recycling programs; and the cost of reusing, repairing, recycling,
or otherwise managing covered products;
new text end

new text begin (3) a five-year budget that establishes a funding level sufficient to operate the producer
responsibility organization in a prudent and responsible manner, demonstrating the
sufficiency of estimated revenues to meet all budgeted costs for each cost category, and,
by the end of the second year of operations, to create a reserve fund sufficient to maintain
operations during unexpected events that result in loss of income for at least six months;
new text end

new text begin (4) quantified and annual performance standards for at least five years and associated
metrics, unless the commissioner incorporates performance standards in rule;
new text end

new text begin (5) financial responsibility and financial controls, including fraud prevention measures
and an audit schedule, that will be implemented to ensure proper management of funds;
new text end

new text begin (6) a description of the free and convenient collection system for covered products that
will be established in each county of the state, which must include permanent collection
sites according to section 115A.1476, subdivision 2, and may include temporary collection
sites and mail-back options. The plan must provide for a reasonable distance between
permanent collection sites and an explanation of how the locations were determined;
new text end

new text begin (7) a description of how collection sites will be authorized and managed, including:
new text end

new text begin (i) the process by which political subdivisions can request to be named a collection site;
and
new text end

new text begin (ii) how the producer responsibility organization will provide collection sites, at no cost,
with appropriate containers for covered products, training, signage, safety guidance, and
educational materials;
new text end

new text begin (8) a description of how the producer responsibility organization will provide for the
transport of covered products at no cost from collection sites to a sorter, repair business, or
recycling facility;
new text end

new text begin (9) a description of how collection sites will be allowed to divert covered products to
secondhand markets for reuse;
new text end

new text begin (10) a list of proposed conditions and requirements for collectors, sorters, and repair
businesses, including templates for agreements between these entities and the producer
responsibility organization;
new text end

new text begin (11) a description of how the producer responsibility organization will integrate the use
of secondhand markets and nonprofit thrift stores when establishing collection sites;
new text end

new text begin (12) a description of the process by which collected covered products will be sorted,
transported, processed, reused, and recycled, including how:
new text end

new text begin (i) the repair and reuse of collected covered products will be prioritized;
new text end

new text begin (ii) covered products will be sorted;
new text end

new text begin (iii) the flow of covered products to and from collectors, sorters, repair businesses, and
recyclers will be tracked through final disposition;
new text end

new text begin (iv) the producer responsibility organization will minimize disposal of covered products;
new text end

new text begin (v) the producer responsibility organization will prioritize, to the extent feasible, the use
and development of sorting, repair, and recycling facilities located closer to the point of
collection to minimize transportation-related air emissions;
new text end

new text begin (vi) the producer responsibility organization will conduct an annual assessment of
operations, including the metrics it will use to assess collection, sorting, and transportation
outcomes; and
new text end

new text begin (vii) incentive payments, grants, and market development investments made to support
the infrastructure necessary to effectively implement the plan will:
new text end

new text begin (A) prioritize infrastructure located closer to the point of generation of covered products;
and
new text end

new text begin (B) encourage reuse over recycling and other methods; and
new text end

new text begin (13) a comprehensive statewide education and outreach program directed toward
consumers, retailers, distributors, wholesalers, political subdivisions, and others that is
designed to promote participation in the stewardship program, including, at a minimum:
new text end

new text begin (i) maintenance of a website, in coordination with other producer responsibility
organizations, as applicable, that lists the locations of collection sites and informs consumers
how to drop off covered products and divert noncovered products elsewhere;
new text end

new text begin (ii) proposed signage to be used at collection sites;
new text end

new text begin (iii) efforts to communicate with consumers in languages other than English;
new text end

new text begin (iv) promotional materials or activities that explain the producer responsibility
organization's purpose and stewardship program;
new text end

new text begin (v) materials designed to inform Internet sellers of their responsibility to comply with
the law and how to join the producer responsibility organization;
new text end

new text begin (vi) information on secondhand markets and the benefits of reuse, including repair;
new text end

new text begin (vii) information on where consumers can purchase repaired and reused covered products
and education and training for collectors on how to encourage such purchases;
new text end

new text begin (viii) information for consumers about how to avoid improper disposal of covered
products;
new text end

new text begin (ix) methods and metrics that the producer responsibility organization will use to annually
assess and evaluate the efficacy of the education and outreach program;
new text end

new text begin (x) coordination with other producer responsibility organizations to avoid confusion to
the public regarding stewardship program activities;
new text end

new text begin (xi) coordination with existing collection, reuse, and recycling programs and
community-based organizations, including nonprofit thrift stores;
new text end

new text begin (xii) addressing the presence of perfluoroalkyl and polyfluoroalkyl substances and other
harmful chemicals in covered products; and
new text end

new text begin (xiii) minimizing the negative environmental and human health impacts of all operations
associated with the plan.
new text end

new text begin Subd. 2. new text end

new text begin Plan; review; implementation. new text end

new text begin (a) Within 12 months after the effective date
of rules adopted under section 115A.1487, a producer responsibility organization must
submit to the commissioner a complete plan, in a form and manner determined by the
commissioner, that meets the requirements of this section.
new text end

new text begin (b) The commissioner must review the plan for compliance with sections 115A.147 to
115A.1487 and must approve, disapprove, or conditionally approve the plan within 120
days after receiving the plan.
new text end

new text begin (c) If the commissioner disapproves a plan submitted by a producer responsibility
organization, the commissioner must provide written notice to the producer responsibility
organization within 60 days after disapproval explaining the reasons for disapproval. The
producer responsibility organization may resubmit a revised plan within 30 days after
receiving the commissioner's written notice. The commissioner must review the revised
plan within 60 days after resubmittal.
new text end

new text begin (d) If the commissioner disapproves a revised plan submitted by a producer responsibility
organization, the commissioner must provide written notice to the producer responsibility
organization within 60 days after receiving the revised plan, explaining the reasons for
disapproval. The producer responsibility organization must revise and resubmit the plan
consistent with the commissioner's direction within 30 days, otherwise the disapproval is
final and the producer responsibility organization and producers may be subject to penalties.
new text end

new text begin (e) By July 1, 2030, a producer responsibility organization must have a complete plan
approved by the commissioner to which each producer is subject.
new text end

new text begin (f) Within 90 days after the commissioner's approval, a producer responsibility
organization must begin to implement the approved plan and must complete implementation
within 12 months.
new text end

new text begin (g) A producer responsibility organization must submit any proposed substantial change
to the plan, as determined by the commissioner, to the commissioner for approval, using
the procedures in this subdivision.
new text end

new text begin (h) The approved plan is government data under section 13.02, except that financial or
sales data reported to the commissioner by a producer responsibility organization is not
public data. The commissioner may release financial or sales data in summary form only
so that information cannot be attributable to a specific producer or distributor or any other
entity.
new text end

new text begin Subd. 3. new text end

new text begin Plan; revisions. new text end

new text begin (a) A producer responsibility organization must review its
plan at least every five years.
new text end

new text begin (b) If, after review, a producer responsibility organization determines that revisions to
the plan are necessary, it must submit a revised plan to the commissioner for review and
approval at least 12 months before the plan expires, using the procedures in subdivision 2.
new text end

new text begin (c) If, after review, a producer responsibility organization determines that no revisions
to the plan are necessary, it must provide written notice of the determination to the
commissioner at least 12 months before the plan expires. The commissioner must disapprove
the producer responsibility organization's determination within 30 days after receiving the
determination if the commissioner concludes that the producer responsibility organization
cannot implement the objectives of sections 115A.147 to 115A.1487 without revising the
plan. If the commissioner disapproves the producer responsibility organization's
determination, the producer responsibility organization must submit a revised plan to the
commissioner for review and approval within 60 days after receiving the commissioner's
disapproval, using the procedures in subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [115A.1476] COLLECTION SITES.
new text end

new text begin Subdivision 1. new text end

new text begin Site requirements. new text end

new text begin (a) A producer responsibility organization must
approve collection sites under its stewardship program only if the operators of the collection
sites agree to comply with all applicable state, federal, or municipal laws and rules and
conditions adopted by the producer responsibility organization.
new text end

new text begin (b) A producer responsibility organization must include as a collection site any political
subdivision that offers in writing to participate in the stewardship program and agrees to
comply with requirements contained in the producer responsibility organization's approved
plan. A producer responsibility organization must include the political subdivision as a
collection site in the stewardship program within 90 days after receiving a written offer to
participate.
new text end

new text begin (c) A collection site must be operated and managed to ensure that covered products are
collected safely and managed in accordance with all applicable state, federal, and municipal
laws and rules and conditions of the plan. A producer responsibility organization may
suspend or terminate a collection site that does not comply.
new text end

new text begin (d) A collector and sorter may divert reusable covered products for sale in secondhand
markets.
new text end

new text begin (e) A producer responsibility organization must require all contractors to pay employees
at collection sites under the plan no less than the prevailing wage rate, as defined in section
177.42.
new text end

new text begin Subd. 2. new text end

new text begin Minimum number of permanent sites. new text end

new text begin For each county, the plan under section
115A.1475 must provide for a minimum of ten permanent collection sites or one permanent
collection site per 25,000 people, as determined by the State Demographic Center, whichever
is greater, except that:
new text end

new text begin (1) a county with a population of 18,000 or less must have at least three permanent
collection sites;
new text end

new text begin (2) a county with a population between 18,001 and 50,000 must have at least four
permanent collection sites; and
new text end

new text begin (3) a county with a population between 50,001 and 100,000 must have at least eight
permanent collection sites.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [115A.1477] COMPLIANCE.
new text end

new text begin (a) Each participant of a producer responsibility organization operating under an approved
plan must comply with the requirements of sections 115A.147 to 115A.1487. A producer
is not in compliance with sections 115A.147 to 115A.1487 if a covered product sold or
offered for sale in this state by the producer is not subject to an approved producer
responsibility plan that has been approved by the commissioner under section 115A.1475.
new text end

new text begin (b) A producer responsibility organization must notify the commissioner in writing
within 30 calendar days of:
new text end

new text begin (1) any instance of noncompliance by a producer; and
new text end

new text begin (2) the date a producer no longer participates in the producer responsibility organization's
approved plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

new text begin [115A.1478] TEXTILE, CARPET, AND MATTRESS STEWARDSHIP
ACCOUNT.
new text end

new text begin (a) The textile, carpet, and mattress stewardship account is established as a separate
account in the special revenue fund in the state treasury. Appropriations and transfers to the
account and fees collected under section 115A.1472, subdivision 2, must be credited to the
account. Earnings, including interest, dividends, and any other earnings arising from assets
of the account, must be credited to the account. Money remaining in the account at the end
of a fiscal year does not cancel to the general fund but remains in the account until expended.
new text end

new text begin (b) Money from the account is appropriated to the commissioner to pay the reasonable
costs of the agency to administer sections 115A.147 to 115A.1487 and may not be expended
for any other purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

new text begin [115A.1479] RECORDS; AUDITS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Records. new text end

new text begin (a) A producer responsibility organization must create and
retain board minutes, books, and records that clearly reflect the activities and transactions
of the producer responsibility organization.
new text end

new text begin (b) Failure by a producer responsibility organization, producer, or their respective agent
to share documents or data requested by the commissioner regarding the producer
responsibility organization or producer operations under an approved plan is a violation of
this section.
new text end

new text begin (c) The producer responsibility organization must notify the commissioner within 30
calendar days after the end of any quarter in which the producer responsibility organization
unsuccessfully attempted to obtain a fee, records, or information from a participant or
received incomplete or incorrect records or information from a participant.
new text end

new text begin Subd. 2. new text end

new text begin Audits. new text end

new text begin (a) A producer responsibility organization must annually contract with
one or more independent individuals or organizations to conduct an audit of:
new text end

new text begin (1) the financial activities of the producer responsibility organization, using generally
accepted accounting principles;
new text end

new text begin (2) the producer responsibility organization's compliance with sections 115A.147 to
115A.1487; and
new text end

new text begin (3) the producer responsibility organization's compliance with its plan.
new text end

new text begin (b) A producer responsibility organization must include a copy of the audit with the
annual report submitted to the commissioner under subdivision 3.
new text end

new text begin (c) The commissioner may, at the commissioner's discretion, conduct a financial or
compliance audit of the producer responsibility organization or of any producer.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin (a) A producer responsibility organization must annually submit a
written report to the commissioner, in a form and manner and by a date determined by the
commissioner, that contains, at a minimum, the following information for the preceding
calendar year:
new text end

new text begin (1) the producer responsibility organization's costs, according to the cost categories
established in the plan, and revenues;
new text end

new text begin (2) any proposed changes to the distribution of costs among producers;
new text end

new text begin (3) the amount of revenue collected from the eco-modulated fees established in
accordance with section 115A.1472 and the producer responsibility organization's evaluation
of the fee's effectiveness;
new text end

new text begin (4) for each producer operating under a plan, a contact name, physical and email address,
telephone number, and brands of covered products for which the producer is responsible
under the plan;
new text end

new text begin (5) a list of collection sites, by name, location, and type;
new text end

new text begin (6) the total weight of covered products sold in or into this state by each producer
operating under a plan, by product type and, if applicable, by Harmonized Tariff Schedule
of the United States (HTS) number assigned by the United States International Trade
Commission, and a description of how the total weight estimates were made;
new text end

new text begin (7) the total weight of all covered products collected by the producer responsibility
organization and separate estimates of the total weight of covered products that were repaired,
recycled, reused, or otherwise disposed of;
new text end

new text begin (8) the total weight of covered products managed by each sorter, each repair business,
and each recycler;
new text end

new text begin (9) the total weight of covered products deemed reusable by each collector and sorter,
by product category;
new text end

new text begin (10) a discussion of the progress made toward attaining the plan's performance standards;
new text end

new text begin (11) a description of methods used to collect, transport, repair, and recycle covered
products;
new text end

new text begin (12) the producer responsibility organization's strategies and efforts employed to:
new text end

new text begin (i) manage covered products according to the waste hierarchy in section 115A.02,
paragraph (b);
new text end

new text begin (ii) maximize reuse and recycling; and
new text end

new text begin (iii) minimize disposal;
new text end

new text begin (13) an assessment of the efficacy of the collection, sorting, and transportation processes;
new text end

new text begin (14) how producer responsibility organization incentive payments, grants, and market
development investments prioritized the deployment of infrastructure close to the point of
covered product generation;
new text end

new text begin (15) a description of producer responsibility organization outreach efforts and education
and an assessment of their efficacy in increasing participation in the plan;
new text end

new text begin (16) a description of coordination efforts with other producer responsibility organizations
and existing solid waste management facilities;
new text end

new text begin (17) a description of how the presence of perfluoroalkyl and polyfluoroalkyl substances
and other harmful chemicals in covered products was addressed, including but not limited
to the actions taken and investments made to avoid contamination in the recycling process;
new text end

new text begin (18) any additional information deemed relevant by the producer responsibility
organization that may assist the commissioner in determining compliance with the plan;
and
new text end

new text begin (19) any other information required by rules adopted under section 115A.1487.
new text end

new text begin (b) The commissioner must review the report and notify the producer responsibility
organization in writing within 120 days after the report is submitted whether the report is
compliant with the requirements of this subdivision. The commissioner may require
submission of any additional information that the commissioner finds necessary to determine
compliance.
new text end

new text begin (c) The commissioner must submit a copy of the report to the chairs and ranking minority
members of the legislative committees with primary jurisdiction over environment policy
and finance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

new text begin [115A.1480] PERFORMANCE STANDARDS.
new text end

new text begin The commissioner may establish or adjust performance standards and the dates by which
they must be met based on information included in the needs assessment, the plan, annual
reports submitted under section 115A.1479, other information provided by the producer
responsibility organization, agency waste characterization studies, or any other information
the commissioner deems relevant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

new text begin [115A.1481] NONCOMPLIANCE; PROHIBITION OF SALE.
new text end

new text begin (a) Each participant under an approved plan must comply with sections 115A.174 to
115A.1487.
new text end

new text begin (b) Within 12 months after the effective date of rules adopted under section 115A.1487,
and on or before July 1 each year thereafter, the commissioner must post on the agency's
website a list of producers that are in compliance with sections 115A.147 to 115A.1487
and the brands of covered products for each compliant producer.
new text end

new text begin (c) The commissioner must continually update the list of compliant producers and their
brands and covered products as the commissioner becomes aware of a producer's compliance
or noncompliance.
new text end

new text begin (d) A retailer, importer, distributor, or online marketplace must monitor the agency's
website list of compliant producers to determine whether a producer, brand, or covered
product is in compliance with sections 115A.147 to 115A.1487.
new text end

new text begin (e) Except as provided in paragraph (f), on and after the date a plan is approved by the
commissioner under section 115A.1475, a retailer, importer, distributor, or online marketplace
may not sell, distribute, offer for sale, or import a covered product in or into this state for
sale in this state unless the producer of the covered product is listed on the agency's website
list of compliant producers for that brand and covered product.
new text end

new text begin (f) A retailer, importer, distributor, or online marketplace may sell, offer for sale, import,
or distribute a covered product in or into this state if:
new text end

new text begin (1) the retailer, importer, distributor, or online marketplace has fulfilled the obligations
for the covered products that the retailer, importer, distributor, or online marketplace sells,
offers for sale, imports, or distributes according to section 115A.1471, subdivision 21,
paragraph (b);
new text end

new text begin (2) on the date the retailer, importer, distributor, or online marketplace sells or offers
for sale the covered product in or into this state, the producer and brand of the covered
product was listed as compliant on the agency's website; or
new text end

new text begin (3) the covered product was part of the physical inventory of the retailer, importer,
distributor, or online marketplace before the initial compliance list was posted by the
commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

new text begin [115A.1482] ENFORCEMENT.
new text end

new text begin (a) The commissioner must enforce sections 115A.147 to 115A.1487 as provided under
this section and sections 115.071 and 116.072. If the commissioner finds that a producer
responsibility organization or participant has violated sections 115A.147 to 115A.1487, the
commissioner may:
new text end

new text begin (1) revoke a producer responsibility organization's registration;
new text end

new text begin (2) revoke approval of a producer responsibility plan or require a producer responsibility
organization to submit an amended plan;
new text end

new text begin (3) terminate the agreement between a producer responsibility organization and a violating
participant; or
new text end

new text begin (4) require additional reporting relating to compliance with the provision that was
violated.
new text end

new text begin (b) Notwithstanding the penalty limits under section 115.071, subdivision 3, a person
that violates or fails to perform a duty imposed by sections 115A.147 to 115A.1487 or any
rule adopted thereunder is liable for a civil penalty not to exceed $10,000 per day of violation,
or not to exceed $50,000 per day of violation if the violation is determined to be knowing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

new text begin [115A.1483] ACCESS TO RECORDS.
new text end

new text begin (a) A producer, producer responsibility organization, manufacturer, distributor, retailer,
or importer must:
new text end

new text begin (1) maintain records of all operations and transactions made under a plan or required
under section 115A.1479 for five years;
new text end

new text begin (2) upon request, provide the commissioner with reasonable and timely access, as
determined by the commissioner, to its facilities and operations, as necessary to determine
compliance with sections 115A.147 to 115A.1487; and
new text end

new text begin (3) upon request, provide to the commissioner within 14 days relevant records necessary
to determine compliance with sections 115A.147 to 115A.1487.
new text end

new text begin (b) A violation of this section is subject to the penalties under section 115A.1482.
new text end

new text begin (c) The commissioner may post a notice on the agency's website of the commissioner's
determination that a producer has failed to provide the commissioner with access according
to this section and that, as a result, the producer and the producer's brands and covered
products are no longer in compliance with sections 115A.147 to 115A.1487.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

new text begin [115A.1484] ANTICOMPETITIVE CONDUCT.
new text end

new text begin (a) A producer responsibility organization that arranges collection, recycling, repair, or
reuse services under sections 115A.147 to 115A.1487 may engage in anticompetitive conduct
to the extent necessary to plan and implement collection, sorting, recycling, repair, or reuse
systems to meet the obligations under sections 115A.147 to 115A.1487 and is immune from
liability under state laws relating to antitrust, restraint of trade, and unfair trade practices.
new text end

new text begin (b) This section does not apply to an agreement that:
new text end

new text begin (1) fixes a price for covered products, except for an agreement related to costs or charges
associated with participation in a plan approved by the commissioner that is otherwise in
accordance with sections 115A.147 to 115A.1487;
new text end

new text begin (2) fixes the volume of output or production of covered products; or
new text end

new text begin (3) restricts the geographic area where, or customers to whom, covered products may
be sold.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

new text begin [115A.1485] LOCAL AUTHORITY.
new text end

new text begin Sections 115A.147 to 115A.1487 do not grant a city, county, special district, or joint
powers authority any new authority over solid waste hauling operations pursuant to a
franchise agreement and do not affect, limit, or abrogate in any manner any franchise granted
to a solid waste enterprise for the management of solid waste.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

new text begin [115A.1486] INTERNET SALES.
new text end

new text begin An Internet seller must annually:
new text end

new text begin (1) notify the commissioner and the producer responsibility organization of all Internet
sellers with sales of covered products over $1,000,000 sold via the Internet in the preceding
year and provide any related information requested. Sales subject to this clause are limited
to those transactions through the Internet for which payment is processed by the Internet
seller directly or through its payment processor; and
new text end

new text begin (2) provide all third-party sellers described in clause (1) with information describing
their responsibility to comply with sections 115A.147 to 115A.1487.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

new text begin [115A.1487] RULEMAKING.
new text end

new text begin The commissioner must adopt rules to implement sections 115A.147 to 115A.1487. The
18-month time limit under section 14.125 does not apply to the commissioner's rulemaking
authority under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end