HF 2065

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the environment; delaying the effective 
  1.3             date for certain used motor oil and motor oil filter 
  1.4             provisions; requiring a report; amending Laws 1995, 
  1.5             chapter 220, section 142. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Laws 1995, chapter 220, section 142, is amended 
  1.8   to read: 
  1.9      Sec. 142.  [EFFECTIVE DATES.] 
  1.10     Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 
  1.11  and 141, paragraph (d), are effective the day following final 
  1.12  enactment. 
  1.13     Sections 114, 115, 118, and 121 are effective January 1, 
  1.14  1996. 
  1.15     Section 119 is effective September 1, 1996. 
  1.16     Sections 119, 120, subdivisions 2, 3, 4, and 5, and 141, 
  1.17  paragraph (c), are effective July 1, 1996. 
  1.18     Section 120, subdivision 1, is effective December 31, 1999. 
  1.19     Section 141, paragraph (b), is effective June 30, 1999. 
  1.20     Sec. 2.  [REPORT.] 
  1.21     By September 1, 1996, the retailers subject to Minnesota 
  1.22  Statutes, section 325E.112, must provide to the environment and 
  1.23  natural resource committees of the house of representatives and 
  1.24  the senate, the office of environmental assistance, and the 
  1.25  pollution control agency a plan for recycling at least 90 
  2.1   percent of all used motor oil and used motor oil filters being 
  2.2   sold in the state.  The plan must include: 
  2.3      (1) an explanation of the proposed system for collecting 
  2.4   and recycling used motor oil and used motor oil filters; 
  2.5      (2) a clear assignment of responsibility and accountability 
  2.6   for implementation; 
  2.7      (3) a strategy for educating the parties responsible for 
  2.8   implementing the elements of the system; 
  2.9      (4) a strategy for educating the public on how it can 
  2.10  recycle its used motor oil and used motor oil filters; 
  2.11     (5) proposed legislation, if necessary; and 
  2.12     (6) a description of government's role, if any. 
  2.13     The plan must be implemented by June 1, 1997, and the 
  2.14  retailers must submit a report by December 31, 1997, to the 
  2.15  environment and natural resources committees of the house of 
  2.16  representatives and the senate, the office of environmental 
  2.17  assistance, and the pollution control agency showing that 
  2.18  reasonable compliance with the recycling goal has been achieved 
  2.19  by that date.  By December 31, 1999, the retailers must submit a 
  2.20  report to the environment and natural resources committees of 
  2.21  the house of representatives and the senate, the office of 
  2.22  environmental assistance, and the pollution control agency on 
  2.23  the amount of used motor oil and used motor oil filters being 
  2.24  recycled. 
  2.25     If the commissioner of the pollution control agency finds 
  2.26  before December 31, 1999, that compliance with this section has 
  2.27  not been achieved, the commissioner may publish a notice in the 
  2.28  State Register stating that compliance has not been achieved.  
  2.29  The commissioner may publish a notice each time that compliance 
  2.30  is not achieved.  Ninety days after the date of publication of 
  2.31  the notice, notwithstanding section 1, Minnesota Statutes, 
  2.32  section 325E.112, subdivision 1, becomes effective, except that 
  2.33  if the commissioner finds that substantial compliance has been 
  2.34  achieved in the 90 days, the commissioner shall publish a notice 
  2.35  in the State Register stating that compliance has been achieved, 
  2.36  withdrawing the earlier notice, and rescinding the new effective 
  3.1   date.