HF 1128

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

A bill for an act
relating to environment; requiring a recycling refund value to be placed on
recyclable beverage containers; requiring labeling of beverage containers;
providing for refunds for containers returned; requiring payment of unclaimed
recycling refunds; appropriating money; amending Minnesota Statutes 2008,
section 13.7411, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 115A.

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

Section 1.

Minnesota Statutes 2008, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) Transfer station data. Data received by a
county or district from a transfer station under section 115A.84, subdivision 5, are
classified under that section.

(b) Solid waste records. Records of solid waste facilities received, inspected,
or copied by a county pursuant to section 115A.882 are classified pursuant to section
115A.882, subdivision 3.

(c) Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

(d) Beverage container reporting. Data received by the Pollution Control Agency
under section 115A.1355 are classified under that section.

Sec. 2.

[115A.1350] DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 115A.1350 to 115A.1357, the
following terms have the meanings given.

Subd. 2.

Beverage.

(a) "Beverage" means:

(1) any soft drink, soda water, carbonated or uncarbonated natural or mineral water,
juice, tea, or coffee;

(2) beer, ale, or other malt liquor;

(3) distilled spirits, wine, or mixed wine; and

(4) other drinks in liquid form intended for human consumption.

(b) "Beverage" does not include a liquid that is:

(1) a syrup;

(2) in concentrated form;

(3) typically added as a minor flavoring ingredient in food or drink, such as extracts,
cooking additives, sauces, or condiments;

(4) a drug or infant formula, as defined in the Federal Food, Drug, and Cosmetic
Act, United States Code, title 21, section 321, paragraph (g), clause (1), and paragraph
(z), respectively; or

(5) a medical food, as defined in the 1988 Orphan Drug Act Amendments, United
States Code, title 21, section 360ee, paragraph (b), clause (3).

Subd. 3.

Beverage container.

"Beverage container" means an airtight metal, glass,
or plastic container or a container composed of a combination of these materials that,
when sold or offered for sale, contains one gallon or less of a beverage.

Subd. 4.

Distilled spirits.

"Distilled spirits" has the meaning given in section
340A.101, subdivision 9.

Subd. 5.

Distributor.

"Distributor" means a person who sells beverages in beverage
containers to a retailer in this state, including a manufacturer who engages in such sales.

Subd. 6.

Malt liquor.

"Malt liquor" has the meaning given in section 340A.101,
subdivision 16.

Subd. 7.

Manufacturer.

"Manufacturer" means a person who places beverages in
beverage containers for eventual sale to consumers.

Subd. 8.

Mixed wine.

"Mixed wine" means a drink containing less than seven
percent alcohol by volume, consisting of wine and plain, sparkling, or carbonated water
and other nonalcoholic ingredients.

Subd. 9.

Person.

"Person" has the meaning given in section 116.06, subdivision 17.

Subd. 10.

Retailer.

"Retailer" means a person who sells beverages in beverage
containers to a consumer for consumption of the beverage.

Subd. 11.

Unclaimed recycling refunds.

"Unclaimed recycling refunds" means the
difference between the dollar value of the total recycling refunds collected by a distributor
or manufacturer on beverage containers sold in this state and the total recycling refunds
paid for beverage containers redeemed by the distributor or manufacturer within this state.

Subd. 12.

Wine.

"Wine" has the meaning given in section 340A.101, subdivision 29.

Sec. 3.

[115A.1351] BEVERAGE CONTAINER LABELING.

(a) After January 1, 2010, no beverage container may be sold or offered for sale in
the state unless it clearly indicates by embossing or imprinting on the product label, or in
the case of a metal beverage container, on top of the container, the word "Minnesota" or
the letters "MN" and the recycling refund value of the container in type at least one-eighth
inch in height, or an alternate indication as may be approved by the commissioner. The
names or abbreviations of other states that have enacted legislation comparable to that in
sections 115A.1350 to 115A.1357 may be indicated on the container.

(b) The commissioner may allow beverage containers containing distilled spirits or
wine to be affixed with a continuous adhesive sticker to indicate the information required
in paragraph (a), provided the size, placement, and adhesive qualities are as approved by
the commissioner.

(c) This section does not apply to permanently labeled beverage containers.

Sec. 4.

[115A.1353] BEVERAGE CONTAINERS; RECYCLING REFUND
VALUE.

(a) A recycling refund value of not less than ten cents must be paid by the purchaser
on each beverage container sold in this state by a retailer.

(b) The recycling refund value must be paid to a person upon return of an empty
beverage container upon which a recycling refund value has been paid:

(1) by a retailer, provided that the beverage container is of a kind, size, and brand
offered for sale by the retailer; or

(2) by an operator of a redemption center approved under section 115A.1354.

(c) A retailer or an operator of an approved redemption center is not required to
accept and redeem a beverage container that:

(1) is broken;

(2) contains residue other than water, the beverage it originally contained, or dust;

(3) is damaged to the extent that the brand on the container cannot be identified; or

(4) was not purchased in this state.

(d) A manufacturer or distributor must accept for redemption from a retailer that
sells its beverage containers or from an operator of an approved redemption center any
beverage container of a kind, size, and brand sold by the manufacturer or distributor,
unless the beverage container is not redeemable under paragraph (c), and must pay
the retailer or operator of an approved redemption center the recycling refund value
established in paragraph (a) for each beverage container accepted for redemption, plus
one cent per beverage container.

Sec. 5.

[115A.1354] REDEMPTION CENTERS.

(a) Any person may establish a redemption center, subject to the approval of the
commissioner, at which any person may return empty beverage containers and receive
payment of the containers' recycling refund value.

(b) Application for approval of a redemption center must be made on a form
prescribed by the commissioner.

(c) The commissioner must approve a request to establish a redemption center if
the commissioner determines that the redemption center provides a convenient service to
persons for the return of empty beverage containers. The approval of the commissioner
for a redemption center must state the kind and brand names of empty beverage containers
that the redemption center must accept.

(d) The commissioner may review approval of a request to establish a redemption
center at any time and may, after public hearing, withdraw approval of a redemption
center if the commissioner finds that the redemption center has not been in compliance
with the commissioner's original approval or if the redemption center no longer provides a
convenient service to the public.

Sec. 6.

[115A.1355] REPORTING REQUIREMENT.

Subdivision 1.

Report.

Beginning January 1, 2011, and each year thereafter, a
distributor or manufacturer must file a report with the agency, on a form prescribed by
the commissioner, stating the dollar value of both the total recycling refunds collected on
beverage containers sold in this state and the total recycling refunds paid for beverage
containers redeemed by the distributor or manufacturer within this state.

Subd. 2.

Data.

Data reported under subdivision 1 by an individual distributor or
manufacturer are classified as nonpublic data, as defined in section 13.02, subdivision
9, except that the agency may release the data in summary form in which individual
distributors or manufacturers are not identified and from which neither their identities
nor any other characteristics that could uniquely identify an individual distributor or
manufacturer are ascertainable.

Sec. 7.

[115A.1356] UNCLAIMED RECYCLING REFUNDS.

Subdivision 1.

Payment.

Not later than March 1, 2010, and each year thereafter,
a distributor or manufacturer must pay to the commissioner the unclaimed recycling
refunds for the previous year.

Subd. 2.

Enforcement.

(a) The Department of Revenue must enforce the
obligation to pay the amount of money reflecting unclaimed recycling refunds owed to
the state. The audit, assessment, appeal, collection, enforcement, disclosure, and other
administrative provisions of chapters 270B, 270C, and 289A that apply to chapter 297A
apply to unclaimed recycling refunds owed to the state. To enforce this subdivision, the
commissioner of revenue may grant extensions to pay, and impose and abate penalties and
interest on, unclaimed recycling refunds in the manner provided in chapters 270C and
289A as if the unclaimed recycling refunds were imposed under chapter 297A.

Subd. 3.

Nonpublic data.

The Department of Revenue may disclose nonpublic
data to the agency only when necessary for the efficient and effective administration of
the activities regulated under sections 115A.1350 to 115A.1357. Any data disclosed
by the department to the agency retains the classification it had when in the possession
of the department.

Subd. 4.

Creation of account; appropriations; deposits.

(a) The unclaimed
recycling refunds account is established in the environmental fund. The commissioner of
revenue must deposit receipts collected under subdivision 1 in the account. Any interest
earned on the account must be credited to the account. Money in the account at the end of
a fiscal year remains in the account and does not cancel to the general fund.

(b) Money in the account is annually appropriated to the agency for the purpose of
implementing sections 115A.1350 to 115A.1357.

(c) The commissioner shall expend all remaining revenues in the account as follows:

(1) 50 percent shall be deposited in the environmental fund; and

(2) 50 percent shall be allocated in equal amounts to counties for the purpose of
solid waste management.

Sec. 8.

[115A.1357] RULES.

The commissioner may adopt rules necessary to implement sections 115A.1351
to 115A.1356.

Sec. 9. EFFECTIVE DATE.

Sections 1 to 8 are effective the day following final enactment.