HF 3075

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:03pm

A bill for an act
relating to environment; requiring notice of products containing PFAS; requiring
rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Section 1.

new text begin [116.943] DISCLOSURE OF PFAS IN PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
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new text begin (1) "commissioner" means the commissioner of the Pollution Control Agency;
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new text begin (2) "intentionally added PFAS" means PFAS that a manufacturer intentionally adds to
a product and that have a functional or technical effect in the product, including the PFAS
components of intentionally added chemicals and PFAS that are intentional breakdown
products of an added chemical that also have a functional or technical effect in the product;
new text end

new text begin (3) "manufacturer" means the person that manufactures a product or whose brand name
is affixed to the product. In the case of a product imported into the United States,
manufacturer includes the importer or first domestic distributor of the product if the person
that manufactured or assembled the product or whose brand name is affixed to the product
does not have a presence in the United States;
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new text begin (4) "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least one
fully fluorinated carbon atom;
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new text begin (5) "product" means an item manufactured, assembled, packaged, or otherwise prepared
for sale to consumers, including the product components, sold or distributed for personal,
residential, commercial, or industrial use, including for use in making other products. Product
does not mean used products offered for sale or resale; and
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new text begin (6) "product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
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new text begin Subd. 2. new text end

new text begin Notice required. new text end

new text begin (a) Except as provided under subdivision 3 and rules adopted
under subdivision 4, a manufacturer of a product for sale in the state that contains
intentionally added PFAS must submit to the commissioner a written notice that includes:
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new text begin (1) a brief description of the product;
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new text begin (2) the function served by PFAS in the product, including in any product components;
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new text begin (3) the amount of each of the PFAS, identified by its Chemical Abstracts Service Registry
number, in the product, reported as an exact quantity determined using commercially
available analytical methods or as falling within a range approved for reporting purposes
by the commissioner;
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new text begin (4) the name and address of the manufacturer and the name, address, and telephone
number of a contact person for the manufacturer; and
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new text begin (5) any other information, as required by rule adopted by the commissioner, necessary
to implement this section.
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new text begin (b) This subdivision does not apply to the sale or resale of used products.
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new text begin (c) For products containing intentionally added PFAS that are sold, offered for sale, or
distributed in the state as of the effective date of this subdivision, a manufacturer must
submit the notice required under paragraph (a) to the commissioner before April 1, 2025.
For products containing intentionally added PFAS that are first sold, offered for sale, or
distributed in the state after the effective date of this subdivision, a manufacturer must
submit the notice required under paragraph (a) to the commissioner no later than 30 days
before the initial sale, offer for sale, or distribution of the products in the state.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's authority. new text end

new text begin (a) The commissioner may waive all or part of the
notice requirement under subdivision 2 if the commissioner determines that substantially
equivalent information is already publicly available.
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new text begin (b) The commissioner may enter into an agreement with one or more other states or
political subdivisions of a state to collect notices and may accept notices to a shared system
as meeting the notice requirement under subdivision 2.
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new text begin (c) The commissioner may extend the deadline for a manufacturer to submit the notice
under subdivision 2 if the commissioner determines that more time is needed by the
manufacturer to comply.
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new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The commissioner must adopt rules to implement this section.
The rules:
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new text begin (1) may prioritize products subject to subdivision 2 based on the products that, in the
commissioner's judgment, are most likely to cause contamination of the state's land or water
resources;
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new text begin (2) may allow a manufacturer to supply the notice under subdivision 2 for a category or
type of product rather than for each individual product;
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new text begin (3) must require a manufacturer to update and revise the information required in the
notice under subdivision 2 when there is a substantive change in the information; and
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new text begin (4) notwithstanding section 16A.1283, may establish a fee to be paid by a manufacturer
upon submitting the notice under subdivision 2 to cover the commissioner's reasonable costs
in developing rules to implement this section. The fees may be based on the volume of
PFAS, volume of sales, or type of PFAS.
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new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 3, and 4 are effective the day following final
enactment. Subdivision 2 is effective January 1, 2025.
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