HF 3333

as introduced - 90th Legislature (2017 - 2018) Posted on 03/05/2018 03:08pm

A bill for an act
relating to solid waste; requiring product stewardship program for solar photovoltaic
modules; providing for fee on retail sales of solar photovoltaic modules; prohibiting
placement of solar photovoltaic modules in mixed municipal solid waste; requiring
a report; appropriating money; amending Minnesota Statutes 2016, sections
13.7411, subdivision 4; 115A.142; 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 2016, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) Product stewardship deleted text begin program deleted text end new text begin programs new text end . Trade
secret and sales data information submitted to the Pollution Control Agency under the
product stewardship deleted text begin program deleted text end new text begin programs new text end is classified under deleted text begin section deleted text end new text begin sections new text end 115A.1415 new text begin and
155A.1416 new text end .

(b) 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.

(c) 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.

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

Sec. 2.

new text begin [115A.1416] SOLAR PHOTOVOLTAIC MODULES; PRODUCT
STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Brand" means a name, symbol, word, or mark that (1) identifies a solar photovoltaic
module, rather than the solar photovoltaic module's components, and (2) attributes the solar
photovoltaic module to the owner or licensee of the brand as the producer.
new text end

new text begin (c) "Discarded solar photovoltaic module" means a solar photovoltaic module that is no
longer used for its manufactured purpose.
new text end

new text begin (d) "Producer" means a person that:
new text end

new text begin (1) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic
modules sold in the state;
new text end

new text begin (2) imports solar photovoltaic modules branded by a producer that meets the criteria in
clause (1) when the producer has no physical presence in the United States;
new text end

new text begin (3) if clauses (1) and (2) do not apply, makes unbranded solar photovoltaic modules that
are sold in the state; or
new text end

new text begin (4) sells solar photovoltaic modules at wholesale or retail, does not have legal ownership
of the brand, and elects to fulfill the producer's responsibilities for the solar photovoltaic
modules by certifying that election in writing to the commissioner.
new text end

new text begin (e) "Recycling" means the process of (1) collecting and preparing recyclable materials,
and (2) using recyclable materials in manufacturing processes that do not destroy the
recyclable materials in a manner that precludes subsequent use.
new text end

new text begin (f) "Retailer" means any person who offers solar photovoltaic modules for sale at retail
in the state.
new text end

new text begin (g) "Sale" or "sell" means the transfer of title to solar photovoltaic modules for
consideration, including a remote sale conducted through a sales outlet, catalog, Web site,
or similar electronic means. Sale or sell includes a lease through which solar photovoltaic
modules are provided to a consumer by a producer, wholesaler, or retailer.
new text end

new text begin (h) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision
1.
new text end

new text begin (i) "Stewardship assessment" means the amount added to the purchase price of solar
photovoltaic modules sold in the state that is necessary to cover the cost of collecting,
transporting, and processing postconsumer solar photovoltaic modules by the producer or
stewardship organization pursuant to a product stewardship program.
new text end

new text begin (j) "Stewardship organization" means an organization appointed by one or more producers
to act as an agent on behalf of the producer to design, submit, and administer a product
stewardship program under this section.
new text end

new text begin (k) "Stewardship plan" means a detailed plan describing the manner in which a product
stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin Producers must, individually or through a
stewardship organization, implement and finance a statewide product stewardship program
for solar photovoltaic modules sold in the state that manages the solar photovoltaic modules
by reducing waste generation, promoting recycling, and negotiating and executing agreements
to collect, transport, and process the solar photovoltaic modules for end-of-life recycling.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2019, or three months after
program plan approval, whichever is sooner, a producer, wholesaler, or retailer is prohibited
from selling or offering for sale in the state solar photovoltaic modules unless the solar
photovoltaic modules' producer participates in an approved stewardship plan, either
individually or through a stewardship organization.
new text end

new text begin (b) Each producer must (1) operate a product stewardship program approved by the
agency, or (2) enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2019, and before
offering solar photovoltaic modules for sale in the state, a producer must (1) submit to the
agency and receive approval of a stewardship plan, or (2) submit to the agency documentation
that demonstrates the producer has entered into an agreement with a stewardship organization
to be an active participant in an approved product stewardship program described under
subdivision 2. A stewardship plan must include all elements required under subdivision 5.
new text end

new text begin (b) If determined necessary by the commissioner, an amendment to the plan must be
submitted every five years.
new text end

new text begin (c) The entity responsible for each stewardship plan must notify the agency within 30
days of any significant changes or modifications to the plan or its implementation. Within
30 days of the notification, a revised written plan must be submitted to the agency for review
and approval.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded solar
photovoltaic modules, regardless of which producer produced the solar photovoltaic modules
and the individual solar photovoltaic module components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of all
producers participating in the product stewardship program, and the brands covered by the
product stewardship program;
new text end

new text begin (3) a description of the methods to collect the discarded solar photovoltaic modules in
all areas in the state without relying on end-of-life fees, including (i) an explanation of how
the collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis, and (ii) a discussion of how
the existing household hazardous waste infrastructure is considered when selecting collection
sites;
new text end

new text begin (4) a description of the techniques used to monitor and maintain the adequacy of the
collection program;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that manage
discarded solar photovoltaic modules;
new text end

new text begin (6) a description of how discarded solar photovoltaic modules and solar photovoltaic
module components are safely and securely transported, tracked, and handled from collection
through final recycling and processing;
new text end

new text begin (7) a description of the method used to dismantle and recycle discarded solar photovoltaic
modules to ensure that, to the extent feasible, the solar photovoltaic modules' components
are transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities used to encourage participation
in the collection and recycling program, including measures to evaluate the activities'
effectiveness and whether the program requires modification, if necessary;
new text end

new text begin (9) the proposed uniform stewardship assessment for all solar photovoltaic modules sold
in the state, which must be reviewed by an independent auditor to ensure that the assessment
does not exceed the costs of the product stewardship program. The independent auditor
must recommend a stewardship assessment amount, which must be approved by the agency;
new text end

new text begin (10) evidence of adequate insurance and financial assurance, if required for collection,
handling, recycling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of discarded
solar photovoltaic modules collected and recycled during each of the first five years of the
stewardship plan and a specific goal for the amount of discarded solar photovoltaic modules
collected and recycled during each year of the plan. The performance goals must state the
methodology used to determine the goals and must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the estimated number and weight of solar photovoltaic modules disposed of annually;
and
new text end

new text begin (iii) actual collection data from other existing stewardship programs; and
new text end

new text begin (12) a discussion regarding the status of end markets for collected solar photovoltaic
modules and what, if any, additional end markets are needed to improve the functioning of
the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin When developing a stewardship plan, each stewardship
organization or individual producer must consult with stakeholders, including retailers, solar
photovoltaic module installers, owners, collectors, recyclers, and local government.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency must determine whether the plan complies with subdivision
5. If the agency approves a plan, the agency must notify the applicant in writing of the plan's
approval and implementation date, which must be no later than 90 days after written notice
of the plan's approval. If the agency rejects a plan, the agency must notify the applicant in
writing of the reasons for rejecting the plan. An applicant whose plan is rejected by the
agency must submit a revised plan to the agency within 60 days after receiving notice of
rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency in
writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans must be placed on
the agency's Web site and made available at the agency's headquarters for public review
and comment.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that organizes
collection, transport, and processing of solar photovoltaic modules under this section is
immune from liability for conduct under state laws relating to antitrust, restraint of trade,
unfair trade practices, and other regulation of trade or commerce. Liability immunity under
this section is limited to conduct necessary to plan and implement the producer's or
organization's chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after a product stewardship program
implementation date under this section, a producer of solar photovoltaic modules must add
the stewardship assessment, as approved by the agency, to the cost of solar photovoltaic
modules sold to retailers and distributors in the state.
new text end

new text begin (b) A solar photovoltaic module producer or the stewardship organization must provide
consumers with educational materials regarding the stewardship assessment and product
stewardship program. The materials must include but are not limited to information regarding
available end-of-life management options for solar photovoltaic modules offered through
the product stewardship program and information notifying consumers that a charge for the
operation of the product stewardship program is included in the purchase price of solar
photovoltaic modules sold in the state.
new text end

new text begin (c) A producer or stewardship organization must conduct and document due diligence
assessments of collectors and recyclers it contracts with, including an assessment of items
specified under subdivision 11. A producer or stewardship organization must maintain, for
a period of three years, documentation that all solar photovoltaic modules recycled, partially
recycled, or sent to downstream recycling operations comply with subdivision 11.
new text end

new text begin (d) A producer or stewardship organization must provide the agency with contact
information for a person who can be contacted regarding the producer's or stewardship
organization's activities under this section.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of recyclers. new text end

new text begin Beginning September 1, 2019, and each September
1 thereafter, a recycler must certify to the agency that solar photovoltaic module recycling
facilities, including all downstream recycling operations:
new text end

new text begin (1) comply with all applicable health, environmental, safety, and financial responsibility
regulations;
new text end

new text begin (2) are licensed by all applicable governmental authorities;
new text end

new text begin (3) use no prison labor to recycle solar photovoltaic modules; and
new text end

new text begin (4) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies.
new text end

new text begin Subd. 12. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after July 1, 2019, or three months
after program plan approval, whichever is sooner, a producer is prohibited from selling
solar photovoltaic modules in the state unless the solar photovoltaic modules' producer is
participating in an approved stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program according
to this section, a retailer or distributor, as applicable, is prohibited from offering solar
photovoltaic modules for sale in this state unless the full amount of the stewardship
assessment added to the cost of solar photovoltaic modules by producers under subdivision
10 is included in the purchase price of the solar photovoltaic modules.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection point
pursuant to a product stewardship program under this section, subject to applicable law.
new text end

new text begin (d) A retailer or distributor does not violate this subdivision if, on the date a solar
photovoltaic module sold by the retailer or distributor was ordered from the producer or its
agent, the producer was listed as compliant on the agency's Web site under subdivision 15.
new text end

new text begin Subd. 13. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2019, and each October 1
thereafter, producers of solar photovoltaic modules sold in the state must individually or
through a stewardship organization submit a report to the agency describing the product
stewardship program. At a minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process solar photovoltaic
modules in all regions of the state;
new text end

new text begin (2) the number and weight of all solar photovoltaic modules collected in all regions of
the state and a comparison to the performance goals and recycling rates contained in the
stewardship plan;
new text end

new text begin (3) samples of educational materials provided to consumers, an evaluation of the
effectiveness of the materials, and an evaluation of the methods used to disseminate the
materials; and
new text end

new text begin (4) an independent financial audit of the stewardship program.
new text end

new text begin Subd. 14. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section 13.37,
and sales information submitted to the agency under this section are nonpublic or private
data under section 13.37.
new text end

new text begin Subd. 15. new text end

new text begin Agency responsibilities. new text end

new text begin The agency must provide on its Web site: (1) a list
of all compliant producers and brands participating in approved stewardship plans, and (2)
a list of all producers and brands the agency has identified as noncompliant with this section.
new text end

new text begin Subd. 16. new text end

new text begin Local government responsibilities. new text end

new text begin (a) A city, county, or other public agency
may choose to participate voluntarily in a product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations by providing education and outreach or using other strategies.
new text end

new text begin Subd. 17. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual producer
submitting a stewardship plan must pay an annual administrative fee to the commissioner.
The agency may establish a variable fee based on relevant factors, including but not limited
to the portion of solar photovoltaic modules sold in the state by members of the organization
compared to the total amount of solar photovoltaic modules sold in the state by all
organizations submitting a stewardship plan.
new text end

new text begin (b) By June 30, 2019, and by June 30 annually thereafter, the agency must identify the
costs it incurs under this section. The agency must set the fee at an amount that, when paid
by every stewardship organization or individual producer that submits a stewardship plan,
is adequate to reimburse the agency's full costs of administering this section. The total annual
fees collected under this subdivision must not exceed the amount necessary to reimburse
costs incurred by the agency to administer this section.
new text end

new text begin (c) A stewardship organization or individual producer subject to this subdivision must
pay the agency's administrative fee under paragraph (a) on or before July 1, 2019, and
annually thereafter. Each year after the initial payment, the annual administrative fee may
not exceed five percent of the aggregate stewardship assessment added to the cost of all
solar photovoltaic modules sold by producers in the state for the preceding calendar year.
new text end

new text begin (d) All fees received under this section must be deposited to the state treasury and credited
to a product stewardship account in the special revenue fund. For fiscal years 2019 and
2020, the amount collected under this section is annually appropriated to the agency to
implement and enforce this section.
new text end

Sec. 3.

Minnesota Statutes 2016, section 115A.142, is amended to read:

115A.142 REPORT TO LEGISLATURE AND GOVERNOR.

As part of the report required under section 115A.121, the commissioner of the Pollution
Control Agency shall provide a report to the governor and the legislature on the
implementation of deleted text begin section deleted text end new text begin sections new text end 115A.1415 new text begin and 115A.1416 new text end .

Sec. 4.

new text begin [115A.9657] SOLAR PHOTOVOLTAIC MODULE PROHIBITION.
new text end

new text begin A person is prohibited from placing a solar photovoltaic module in mixed municipal
solid waste.
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