1.1 	A bill for an act
1.2 	relating to infectious or pathological waste; requiring notice of unlawfully 
1.3 	transported infectious or pathological waste; requiring inspections of infectious 
1.4 	or pathological waste generators; assessing financial penalties for unlawfully 
1.5 	transporting infectious or pathological waste; appropriating money;amending 
1.6 	Minnesota Statutes 2024, sections 116.78, by adding a subdivision; 116.79, by 
1.7 	adding a subdivision; 116.83, by adding a subdivision.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2024, section 116.78, is amended by adding a subdivision 
1.10 	to read:
1.11 		Subd. 7a.Unlawful shipment of infectious or pathological waste. The operator of a 
1.12 	solid waste management facility that has not been approved by the agency to accept infectious 
1.13 	or pathological waste must immediately notify the agency on receipt of any waste the 
1.14 	operator reasonably believes to be infectious or pathological waste. The notice must include 
1.15 	the date of receipt, a description of the suspected infectious or pathological waste, its volume, 
1.16 	and the suspected generator of the infectious or pathological waste.

1.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.18 	Sec. 2. Minnesota Statutes 2024, section 116.79, is amended by adding a subdivision to 
1.19 	read:
1.20 		Subd. 2a.Inspections and audits; infectious or pathological waste generators. The 
1.21 	commissioner, in coordination with the commissioner of health, must conduct unannounced 
1.22 	inspections of infectious or pathological waste generators to ensure compliance with 
1.23 	management plans and sections 116.76 to 116.835. Infectious or pathological waste 
2.1 	generators must annually conduct internal audits to ensure compliance with sections 116.76 
2.2 	to 116.835 and must make the audits available to the commissioner for review.

2.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.4 	Sec. 3. Minnesota Statutes 2024, section 116.83, is amended by adding a subdivision to 
2.5 	read:
2.6 		Subd. 4.Unlawful transport of infectious or pathological waste; penalties. (a) 
2.7 	Notwithstanding any other law, a generator of infectious or pathological waste who is 
2.8 	determined to have unlawfully arranged for infectious or pathological waste to be transported 
2.9 	to a solid waste management facility that has not been approved by the agency to accept 
2.10 	infectious or pathological waste is subject to the following penalties:
2.11 	(1) for a first violation, a fine of not less than $200,000 and up to $500,000;
2.12 	(2) for a second violation, a fine of not less than $500,000 and up to $1,000,000; and
2.13 	(3) for a third and subsequent violation, a fine of not less than $1,000,000 and up to 
2.14 	$2,000,000 and the establishment of additional conditions in the generator's license by the 
2.15 	commissioner of health designed to prevent future violations.
2.16 	(b) Notwithstanding sections 16A.531, subdivision 1a, clause (3), and 115.073, paragraph 
2.17 	(a), the commissioner must remit 50 percent of the fines collected under this subdivision to 
2.18 	the solid waste management facility that received the infectious or pathological waste under 
2.19 	paragraph (a). The commissioner must deposit the balance of the fines collected in the 
2.20 	environmental fund.
2.21 	(c) A penalty may not be assessed under this subdivision if waste is identified as infectious 
2.22 	waste solely as a result of the presence of sharps that are determined to be self-administered 
2.23 	by individuals who are not employees or contractors of the suspected generator.

2.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.25 	Sec. 4. APPROPRIATION.
 2.26 	$50,000 in fiscal year 2027 is appropriated from the general fund to the commissioner 
2.27 	of the Pollution Control Agency to develop, in consultation with the commissioner of health, 
2.28 	in-person or online training courses and materials regarding the appropriate management 
2.29 	and disposal of infectious and pathological waste. This is a onetime appropriation.

2.30 	EFFECTIVE DATE. This section is effective the day following final enactment.