HF 1401

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying regulation of 
  1.3             phosphorus and cleaning agents; amending Minnesota 
  1.4             Statutes 2002, section 116.23; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 116. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 116.23, is 
  1.8   amended to read: 
  1.9      116.23 [PROHIBITION AND RESTRICTIONS.] 
  1.10     Subdivision 1.  [NUTRIENT CONCENTRATIONS.] No person shall 
  1.11  manufacture for use or sale in Minnesota or import into 
  1.12  Minnesota for resale any cleaning agent or chemical water 
  1.13  conditioner which contains a prescribed nutrient in a 
  1.14  concentration that is greater than the prescribed maximum 
  1.15  permissible concentration of that nutrient in that cleaning 
  1.16  agent or chemical water conditioner.  
  1.17     Subd. 2.  [RESIDENTIAL DISHWASHER DETERGENT.] No person 
  1.18  shall manufacture for use or sale in Minnesota or import into 
  1.19  the state for resale any household dishwasher detergent that 
  1.20  contains more than 0.5 percent phosphorus by weight. 
  1.21     Subd. 3.  [LABELING.] (a) No person shall sell in Minnesota 
  1.22  or import into the state for resale any household dishwasher 
  1.23  detergent that contains more than 0.5 percent phosphorus by 
  1.24  weight unless there is prominently displayed on the front of the 
  1.25  product a warning label stating the phosphorus content by 
  2.1   percentage of weight to weight of the package contents and that 
  2.2   phosphorus can lead to excessive algae growth in Minnesota's 
  2.3   lakes and streams.  A household dishwasher detergent that 
  2.4   contains 0.5 percent or less of phosphorus by weight may display 
  2.5   on its package the statement "certified friendly to our lakes 
  2.6   and streams by the State of Minnesota." 
  2.7      (b) This subdivision expires August 1, 2005. 
  2.8      Sec. 2.  [116.241] [MANDATORY LICENSING FOR CLEANING 
  2.9   AGENTS.] 
  2.10     Subdivision 1.  [RULES.] By August 1, 2003, the agency 
  2.11  shall adopt rules specifying standards of licensure for the sale 
  2.12  of cleaning agents containing more than 0.5 percent phosphorus 
  2.13  by weight. 
  2.14     Subd. 2.  [LICENSE REQUIRED.] By October 1, 2003, a 
  2.15  manufacturer of any cleaning agents containing more than 0.5 
  2.16  percent phosphorus by weight for sale in Minnesota may not allow 
  2.17  them to be sold in the state without a license issued by the 
  2.18  commissioner of the pollution control agency. 
  2.19     Subd. 3.  [ENFORCEMENT.] The commissioner may deny, 
  2.20  suspend, or revoke a license, or use any lesser remedy against 
  2.21  any manufacturer, for any of the following: 
  2.22     (1) knowingly allowing any cleaning agents with more than 
  2.23  0.5 percent phosphorus by weight to be sold in this state 
  2.24  without an appropriate license; 
  2.25     (2) submission of false or misleading information in order 
  2.26  to obtain, maintain, or renew a license; or 
  2.27     (3) failure to comply with applicable requirements. 
  2.28     Upon receiving a signed written complaint that alleges the 
  2.29  existence of a ground for enforcement action against a person 
  2.30  for a violation of this section, the commissioner shall initiate 
  2.31  an investigation.  Revocation, suspension of a license, or other 
  2.32  enforcement action may not be taken before written notice is 
  2.33  given to the person in violation and an opportunity is provided 
  2.34  for a contested case hearing complying with the provisions of 
  2.35  chapter 14. 
  2.36     Subd. 4.  [LICENSE FEES.] The fee for a license application 
  3.1   under subdivision 2 is $100,000 per year to be paid at the time 
  3.2   of the application.  The fee for the license must be paid 
  3.3   quarterly starting three months after the application is 
  3.4   accepted by the commissioner.  The amount of the quarterly fee 
  3.5   is $5 for every pound of phosphorus by weight sold by the 
  3.6   manufacturer in any cleaning agents with more than 0.5 percent 
  3.7   phosphorus by weight sold in the state during the preceding 
  3.8   three months.  The payment may be made upon reasonable estimates 
  3.9   pursuant to any procedure established by the commissioner.  
  3.10  Revenue from the license fee must be credited 50 percent to the 
  3.11  phosphorus cleanup account created in section 3 and 50 percent 
  3.12  to the wastewater infrastructure fund under section 446A.072. 
  3.13     Sec. 3.  [PHOSPHORUS CLEANUP ACCOUNT.] 
  3.14     An account is created to reimburse local units of 
  3.15  government for operational costs for phosphorus removal at 
  3.16  public wastewater treatment plants.  Local units of government 
  3.17  may submit for reimbursement all costs associated with the 
  3.18  removal of phosphorus, including, but not limited to, chemical 
  3.19  purchases, prorated sludge removal and disposal, and prorated 
  3.20  maintenance and labor costs.  By August 1, 2003, the agency 
  3.21  shall adopt rules containing standards, timelines, and forms by 
  3.22  which local units of government may seek reimbursement.  At a 
  3.23  minimum, the commissioner must allow for reimbursement on a 
  3.24  quarterly basis starting January 1, 2004.  If there are 
  3.25  insufficient funds to reimburse all of the requests of local 
  3.26  units of government, the quarterly payments must be prorated.  
  3.27     Sec. 4.  [EFFECTIVE DATE.] 
  3.28     Section 1, subdivisions 1 and 2, are effective August 1, 
  3.29  2005.  Section 1, subdivision 3, is effective August 1, 2003.