HF 1494

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:24am

A bill for an act
relating to solid waste; requiring a refund to be placed on recyclable beverage
containers; requiring labeling of beverage containers; establishing an account;
providing reports; appropriating money; amending Minnesota Statutes 2010,
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 2010, 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.

new text begin (d) Beverage container payment. Data regarding manufacturer payments for
beverage containers sold or offered for sale in the state are classified under section
115A.1339.
new text end

new text begin (e) Beverage container reporting. Data reported regarding refunds for beverage
containers are classified under section 115A.1342.
new text end

Sec. 2.

new text begin [115A.1335] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 115A.1335 to 115A.1348, the
following terms have the meaning given.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

new text begin Subd. 3. new text end

new text begin Beverage. new text end

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

new text begin (1) a soft drink, soda water, carbonated or uncarbonated natural or mineral water,
juice, tea, or coffee;
new text end

new text begin (2) beer, ale, or other malt liquor;
new text end

new text begin (3) mixed spirits, wine, or mixed wine; and
new text end

new text begin (4) other drinks in liquid form intended for human consumption.
new text end

new text begin (b) "Beverage" does not include a liquid that is:
new text end

new text begin (1) milk;
new text end

new text begin (2) a syrup;
new text end

new text begin (3) in concentrated form;
new text end

new text begin (4) typically added as a minor flavoring ingredient in food or drink, such as extracts,
cooking additives, sauces, or condiments;
new text end

new text begin (5) 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
new text end

new text begin (6) a medical food, as defined in the 1988 Orphan Drug Act Amendments, United
States Code, title 21, section 360ee, paragraph (b), clause (3).
new text end

new text begin Subd. 4. new text end

new text begin Beverage container. new text end

new text begin "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 no more than three liters of a beverage.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
new text end

new text begin Subd. 6. new text end

new text begin Convenience store. new text end

new text begin "Convenience store" means an establishment that
retails a limited selection of food and nonfood items, including snacks and prepared foods,
cigarettes, and beverages in beverage containers and may also retail automotive fuel. A
convenience store is assigned a North American Industry Classification System code of
445120 or 447110 by the United States Census Bureau.
new text end

new text begin Subd. 7. new text end

new text begin Distilled spirits. new text end

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

new text begin Subd. 8. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Revenue.
new text end

new text begin Subd. 9. new text end

new text begin Exclusive liquor store. new text end

new text begin "Exclusive liquor store" has the meaning given in
section 340A.101, subdivision 10.
new text end

new text begin Subd. 10. new text end

new text begin Grocery store. new text end

new text begin "Grocery store" means an establishment retailing a
general line of food, including canned and frozen foods, fresh fruits and vegetables, fresh
and prepared meats, fish, poultry, dairy products, beverages in beverage containers, and
nonfood items. A grocery store is assigned a North American Industry Classification
System code of 445110 by the United States Census Bureau.
new text end

new text begin Subd. 11. new text end

new text begin Hauler. new text end

new text begin "Hauler" means a person who makes a commercial arrangement
to collect and transport empty beverage containers to be redeemed, processed, or recycled.
new text end

new text begin Subd. 12. new text end

new text begin Intact beverage container. new text end

new text begin "Intact beverage container" means an empty
beverage container that is not broken, cracked, or compressed and on which the labeling
required under section 115A.1336 is clearly readable.
new text end

new text begin Subd. 13. new text end

new text begin Large general merchandise store. new text end

new text begin "Large general merchandise
store" means an establishment retailing a wide range of general merchandise, including
groceries, beverages in beverage containers, apparel, furniture, and appliances. A large
general merchandise store is assigned a North American Industry Classification System
code of 452910 by the United States Census Bureau.
new text end

new text begin Subd. 14. new text end

new text begin Malt liquor. new text end

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

new text begin Subd. 15. new text end

new text begin Manufacturer. new text end

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

new text begin Subd. 16. new text end

new text begin Mixed spirits. new text end

new text begin "Mixed spirits" means a drink containing ten percent or
less alcohol by volume, consisting of distilled spirits mixed with nonalcoholic beverages
or flavoring or coloring materials.
new text end

new text begin Subd. 17. new text end

new text begin Mixed wine. new text end

new text begin "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.
new text end

new text begin Subd. 18. new text end

new text begin On-site seller. new text end

new text begin "On-site seller" means a person, other than a convenience
store, who sells beverages in or from beverage containers to retail customers for
consumption on-site, including, but not limited to, a seasonal permanent food stand,
as defined in section 157.15, subdivision 12a; a school concession stand, as defined in
section 157.15, subdivision 12b; and a special event food stand, as defined in section
157.15, subdivision 14.
new text end

new text begin Subd. 19. new text end

new text begin Processor. new text end

new text begin "Processor" means a person who physically reduces the
volume of empty beverage containers received from a transporter through crushing,
shredding, grinding, or other physical processes, which may include the removal of
extraneous materials such as labels, caps, and rings, in order to prepare the containers
for recycling.
new text end

new text begin Subd. 20. new text end

new text begin Program year. new text end

new text begin "Program year" means the period from July 1 through
June 30.
new text end

new text begin Subd. 21. new text end

new text begin Recycling. new text end

new text begin "Recycling" means the manufacturing of glass, plastic, or
metal from empty beverage containers that have been previously processed.
new text end

new text begin Subd. 22. new text end

new text begin Redeem. new text end

new text begin "Redeem" means to pay the refund value of an empty beverage
container to a person.
new text end

new text begin Subd. 23. new text end

new text begin Retailer. new text end

new text begin "Retailer" means a grocery store, a convenience store, an
exclusive liquor store, or a large general merchandise store subject to the provisions of
section 115A.1342, but does not include an on-site seller.
new text end

new text begin Subd. 24. new text end

new text begin Unclaimed refunds. new text end

new text begin "Unclaimed refunds" means the revenues remaining
in the account established in section 115A.1338 after payment of all refunds, handling
fees, and costs incurred by the agency and the department to implement and administer
sections 115A.1335 to 115A.1348.
new text end

new text begin Subd. 25. new text end

new text begin Wholesaler. new text end

new text begin "Wholesaler" has the meaning given in section 340A.101,
subdivision 28.
new text end

new text begin Subd. 26. new text end

new text begin Wine. new text end

new text begin "Wine" has the meaning given in section 340A.101, subdivision 29.
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.1336] BEVERAGE CONTAINER LABELING.
new text end

new text begin After January 1, 2012, no beverage container may be sold or offered for sale in this
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 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.1335 to 115A.1348 may be indicated on the container.
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.1337] MANUFACTURER REGISTRATION.
new text end

new text begin (a) A manufacturer of beverage containers sold or offered for sale in this state after
November 15, 2011, must submit a registration by that date to the agency that includes:
new text end

new text begin (1) a list of the manufacturer's brands of beverages sold in beverage containers
offered for sale in this state and the size, shape, and material of the beverage containers;
new text end

new text begin (2) the name, address, and contact information of a person responsible for ensuring
compliance with sections 115A.1335 to 115A.1348; and
new text end

new text begin (3) a certification that the manufacturer has complied and will continue to comply
with the requirements of sections 115A.1335 to 115A.1348.
new text end

new text begin (b) A manufacturer who begins to sell or offer for sale beverage containers in this
state after November 15, 2011, and has not filed a registration under this section must
submit a registration to the agency within ten days of beginning to sell or offer for sale
beverage containers in this state.
new text end

new text begin (c) A registration must be updated within 30 days after a change in the size, shape,
or material of a manufacturer's brands of beverage containers sold or offered for sale in
this state.
new text end

new text begin (d) A registration is effective upon receipt by the agency and is valid until June
30 of each program year.
new text end

new text begin (e) The agency must review each registration and notify the manufacturer of any
information required by this section that is omitted from the registration. Within 30 days
of receipt of a notification from the agency, the manufacturer must submit a revised
registration providing the information noted by the agency.
new text end

new text begin (f) The agency must maintain on its Web site the names of manufacturers and the
manufacturers' brands listed in registrations filed with the agency. The agency must update
the Web site information promptly upon receipt of a new or updated registration.
new text end

new text begin (g) A retailer is not responsible for an unlawful sale under this section if the
manufacturer's registration expired or was revoked and the retailer took possession of a
beverage container prior to the expiration or revocation of the manufacturer's registration.
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.1338] MANUFACTURER'S REGISTRATION FEE; CREATION
OF ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Registration fee. new text end

new text begin (a) Each manufacturer that registers under section
115A.1337 must, by July 1 each year, pay to the commissioner an annual registration
fee. The commissioner of revenue must deposit the fee in the account established in
subdivision 2.
new text end

new text begin (b) The registration fee for a manufacturer's initial year of registration is $3 per
10,000 beverage containers sold in Minnesota during the previous 12 months and $1 per
10,000 beverage containers sold in Minnesota during the previous 12 months thereafter.
new text end

new text begin Subd. 2. new text end

new text begin Creation of account; appropriations. new text end

new text begin (a) The beverage container
recycling account is established in the environmental fund. The commissioner of revenue
must deposit receipts from the fees established in subdivision 1 and section 115A.1339
and any penalties received from violations of sections 115A.1335 to 115A.1348 in the
account. Any interest earned on the account must be credited to the account. Money from
other sources may be credited to the account.
new text end

new text begin (b) Until June 30, 2014, money in the account is annually appropriated to the
Pollution Control Agency for implementing sections 115A.1335 to 115A.1348.
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.1339] MANUFACTURER PAYMENTS.
new text end

new text begin (a) Beginning January 1, 2012, each manufacturer registered under section
115A.1337 must pay monthly to the commissioner of revenue, for each beverage container
sold or offered for sale in this state during the previous month, a refund value of ten cents
and a handling fee of two cents.
new text end

new text begin (b) Data reported under this section by an individual manufacturer is nonpublic data,
as defined in section 13.02, subdivision 9, except that the department or agency may
release the data in summary form in which individual manufacturers are not identified
and from which neither their identities nor any other characteristics that could uniquely
identify an individual manufacturer is ascertainable.
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.1340] FOREIGN MANUFACTURERS; REGISTRATION FEE
AND PAYMENTS.
new text end

new text begin (a) A manufacturer who places beverages in beverage containers outside the United
States that sells to a single wholesaler more than $5,000 annually in beverage containers to
be offered for sale in Minnesota must comply with the requirements of section 115A.1337.
new text end

new text begin (b) A wholesaler must pay the registration fee established in section 115A.1338 and
the payments in section 115A.1339 for each manufacturer located outside the United
States from whom the wholesaler purchases more than $5,000 annually in beverage
containers to be sold or offered for sale in Minnesota. A wholesaler has the right to
recover payments made under this section from a manufacturer who places beverages in
beverage containers outside the United States.
new text end

Sec. 8.

new text begin [115A.1341] REFUND CENTERS.
new text end

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

new text begin (b) Application for approval of a refund center must be made on a form prescribed
by the commissioner.
new text end

new text begin (c) The commissioner must approve a request to establish a refund center if the
commissioner determines that the refund center provides a convenient service to persons
for the return of empty beverage containers and complies with local land use regulations.
new text end

new text begin (d) The commissioner may review approval of a request to establish a refund center
at any time and may, after public hearing, withdraw approval of a refund center if the
commissioner finds that the refund center no longer provides a convenient service to the
public or has violated a provision of this section or section 115A.1342.
new text end

new text begin (e) A refund center may make commercial arrangements with a hauler to transport
beverage containers or with on-site sellers of beverage containers to accept empty
beverage containers and may pay the transporters or on-site sellers less than the full refund
value of the containers. A refund center arranging to accept empty beverage containers
from an on-site seller must certify chain of custody of unredeemed empty beverage
containers from on-site sellers and certify that no redeemed empty beverage containers
are mixed with unredeemed empty beverage containers.
new text end

new text begin (f) A refund center may contract with organizers of special events to collect, process,
and recycle empty beverage containers.
new text end

new text begin (g) A refund center may process empty beverage containers it has redeemed or
unredeemed containers it has received under paragraph (e) or (f).
new text end

new text begin (h) A nonprofit organization may receive refunds on empty beverage containers it
brings to a refund center.
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.1342] RETAILERS' AND REFUND CENTERS'
RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Acceptance of beverage containers. new text end

new text begin (a) A retailer or refund center
must accept and pay the refund value of any empty beverage container that:
new text end

new text begin (1) is an intact beverage container;
new text end

new text begin (2) does not visibly contain a substance other than water, residue from its original
contents, or ordinary dust; and
new text end

new text begin (3) is labeled as required under section 115A.1336.
new text end

new text begin (b) A retailer or refund center must not accept or pay the refund value of an empty
beverage container that does not comply with each of the provisions of paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Payment of refund value. new text end

new text begin (a) A retailer must ensure that the process of
redeeming empty beverage containers is no more time-consuming and no less efficient
than making a retail purchase at the retailer's store.
new text end

new text begin (b) Except as provided in this subdivision, subdivision 1, paragraph (b), and section
115A.1345, a retailer or refund center must pay the refund value of any empty beverage
container to a person who brings the empty beverage container to the retailer.
new text end

new text begin (c) A retailer may accept, but is not required to accept, empty beverage containers
from a person for a refund in excess of $20 on any given day. A refund center may accept,
but is not required to accept, empty beverage containers from a person for a refund in
excess of $100 on any given day.
new text end

new text begin (d) A retailer may offer, at the retailer's discretion, in lieu of a cash refund, in-store
credit in an amount equal to the cash refund owed to a person bringing empty beverage
containers to the retailer for redemption.
new text end

new text begin Subd. 3. new text end

new text begin Disposition of containers. new text end

new text begin (a) Empty beverage containers redeemed by a
retailer or refund center are the property of the retailer or refund center.
new text end

new text begin (b) To minimize opportunities for fraud, a retailer or refund center must, within one
business day after paying a refund on an empty beverage container, crush, shred, or clearly
and permanently mark the empty beverage container as redeemed. Until one of these
treatment methods is applied to a redeemed empty beverage container, a retailer or refund
center must provide for secure storage of the redeemed empty beverage container.
new text end

new text begin (c) A retailer or refund center may process empty beverage containers it has
redeemed and treated under paragraph (b) to make the empty beverage containers ready
to be recycled.
new text end

new text begin (d) A retailer or refund center may contract with a person to transport empty
beverage containers it has redeemed to a processor or recycler or contract directly with a
processor or recycler for processing or recycling of empty beverage containers. A retailer
or refund center is responsible for maintaining, for a period of three years, documentation
indicating where all empty beverage containers it redeems are transported for processing
and recycling.
new text end

new text begin Subd. 4. new text end

new text begin Retailer and refund center compensation. new text end

new text begin A retailer or refund center
is entitled to monthly payment from the department of the refund value of each empty
beverage container the retailer or refund center redeems, plus the following compensation
for handling:
new text end

new text begin (1) for a large general merchandise store, one cent per empty beverage container
redeemed by the large general merchandise store;
new text end

new text begin (2) for a grocery store or convenience store, two cents per empty beverage container
redeemed by the grocery store or convenience store;
new text end

new text begin (3) for an exclusive liquor store, two cents per empty beverage container redeemed
by the exclusive liquor store; and
new text end

new text begin (4) for refund centers, two cents per empty beverage container redeemed by the
refund center.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin A retailer or refund center must report monthly to the
commissioner on a form developed by the commissioner:
new text end

new text begin (1) the amount of refunds paid to redeem empty beverage containers;
new text end

new text begin (2) a separate count of the number of empty glass, metal, and plastic beverage
containers redeemed;
new text end

new text begin (3) to whom and in what amounts redeemed empty beverage containers were
transported; and
new text end

new text begin (4) any other information requested by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Nonpublic data. new text end

new text begin Data reported under subdivision 5 by an individual
retailer or refund center 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 retailers or refund centers are not identified and from which neither their
identities nor any other characteristics that could uniquely identify an individual retailer
or refund center is ascertainable.
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.1343] HAULERS' RESPONSIBILITIES.
new text end

new text begin (a) A hauler may arrange with a retailer, refund center, processor, or recycler to
collect and transport redeemed empty beverage containers to a processor or recycler.
new text end

new text begin (b) A hauler may arrange with an on-site seller, homeowner, owner of multifamily
housing, or municipality to collect and transport unredeemed empty beverage containers
to a refund center, processor, or recycler.
new text end

new text begin (c) A hauler collecting and transporting unredeemed empty beverage containers
must certify to the person to whom the unredeemed empty beverage containers are
delivered that no redeemed empty beverage containers are mixed with unredeemed empty
beverage containers.
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.1344] PROCESSORS' RESPONSIBILITIES.
new text end

new text begin (a) A processor may accept for processing:
new text end

new text begin (1) redeemed empty beverage containers from a hauler, retailer, or refund center; and
new text end

new text begin (2) unredeemed empty beverage containers from a homeowner, an owner of
multifamily housing, an on-site seller, a hauler, or a municipality utilizing a curbside
collection system.
new text end

new text begin (b) A processor must be able to certify that redeemed empty beverage containers are
not mixed in with unredeemed empty beverage containers accepted for processing.
new text end

new text begin (c) A processor is entitled to be paid an amount for documented unredeemed empty
beverage containers in its possession based on the weight of the material, as established by
the commissioner under section 115A.1346, subdivision 1.
new text end

new text begin (d) A processor may sell processed empty beverage container material to a material
trader or a recycler.
new text end

new text begin (e) A processor must report each month to the commissioner both the number
of redeemed and unredeemed empty beverage containers it receives, processes, and
transports.
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.1345] ON-SITE SELLERS' RESPONSIBILITIES.
new text end

new text begin (a) An on-site seller may, but is not required to, redeem empty beverage containers.
new text end

new text begin (b) An on-site seller that elects to redeem empty beverage containers:
new text end

new text begin (1) is eligible to receive directly from the department the refund value and a handling
fee payment of 2 cents for each empty beverage container redeemed; and
new text end

new text begin (2) must comply with the provisions of section 115A.1342 to which a retailer
is subject.
new text end

new text begin (c) An on-site seller that elects not to redeem empty beverage containers is not
eligible to receive directly from the department the refund value or a handling fee payment
for empty beverage containers.
new text end

new text begin (d) An on-site seller must offer conveniently placed and adequately sized containers
for the disposal by customers and employees of empty beverage containers holding
beverages consumed by retail customers on site. The containers must be clearly labeled to
indicate that no material other than empty beverage containers may be deposited in them.
new text end

new text begin (e) An on-site seller may arrange with a hauler or a refund center to take possession
of the on-site seller's unredeemed empty beverage containers and may receive all or a
portion of the revenue the transporter or refund center receives for redeeming the empty
beverage containers.
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.1346] AGENCY AND DEPARTMENT DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Agency duties. new text end

new text begin (a) The agency shall administer sections 115A.1335
to 115A.1348.
new text end

new text begin (b) The agency shall establish procedures for receipt and maintenance of the
registrations filed with the agency under section 115A.1337 and shall make them easily
available to manufacturers, retailers, and members of the public.
new text end

new text begin (c) The agency shall establish a refund value to be paid based on the weight of empty
beverage containers redeemed.
new text end

new text begin (d) The agency shall annually review:
new text end

new text begin (1) the amount of empty beverage containers collected, processed, and recycled by
material type, by type of retailer, and by refund centers;
new text end

new text begin (2) the manufacturers' registration fee; and
new text end

new text begin (3) the reports submitted under section 115A.1344.
new text end

new text begin (e) The agency shall review the monthly reports from retailers and refund centers
required under section 115A.1342 and the report required from processors under section
115A.1344, certify the proper amount of refund due to each entity submitting a report, and
request the department to remit refunds in those amounts to each entity.
new text end

new text begin (f) On or before December 1, 2013, and each year thereafter, the agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1335 to 115A.1348. For each program year, the report must discuss the total amount
of beverage containers recycled and a summary of information in the reports submitted
by retailers and refund centers under section 115A.1342, subdivision 5. The report must
also discuss the various collection programs used to collect beverage containers and
information about beverage containers, if any, being disposed of in landfills in the state.
The report must include a description of enforcement actions under sections 115A.1335 to
115A.1348. The agency may include in its report other information received or developed
by the agency regarding the implementation of sections 115A.1335 to 115A.1348.
new text end

new text begin (g) The agency shall enforce sections 115A.1335 to 115A.1348 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072.
new text end

new text begin (h) The agency shall develop a form retailers and refund centers must use to report
information under section 115A.1342, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Department duties. new text end

new text begin (a) The department shall pay refunds as directed by
the agency under subdivision 1, paragraph (e).
new text end

new text begin (b) The department shall manage the account established in section 115A.1338,
subdivision 2. If the revenues in the account exceed the amount that the department
determines is necessary for efficient and effective administration of the program, including
any amount for contingencies, the agency must recommend to the legislature that the
registration fee be lowered to reduce revenues collected in the subsequent program year
by the estimated amount of the excess.
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.1347] UNCLAIMED REFUNDS.
new text end

new text begin From all unclaimed refunds in the beverage container recycling account, the
commissioner shall transfer at the end of each quarter:
new text end

new text begin (1) 90 percent to the environmental fund; and
new text end

new text begin (2) ten percent, divided in equal amounts, to each county for the purpose of solid
waste management.
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.1348] VIOLATIONS.
new text end

new text begin Actions that violate sections 115A.1335 to 115A.1347 include, but are not limited
to, the following:
new text end

new text begin (1) collecting or attempting to collect the refund value or handling fee on an empty
beverage container after the applicable refund or handling fee has been paid on the empty
beverage container;
new text end

new text begin (2) manufacturing, selling, possessing, or affixing a false or counterfeit label
purporting to comply with the requirements of section 115A.1336; and
new text end

new text begin (3) collecting or attempting to collect the refund value or handling fee on an empty
beverage container with the use of a false or counterfeit label.
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