HF 4046

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; requiring manufacturers to recycle beverage containers;
providing civil penalties; appropriating money; amending Minnesota Statutes
2006, 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 2006, 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 reporting. new text end new text begin Data received by the Pollution Control Agency
under section 115A.1344 are classified under that section. Data regarding penalties
imposed under section 115A.1346 are classified under that section.
new text end

Sec. 2.

new text begin [115A.1340] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 115A.1340 to 115A.1349, the
following terms have the meaning given.
new text end

new text begin Subd. 2. new text end

new text begin Beverage. new text end

new text begin "Beverage" means:
new text end

new text begin (1) any 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) distilled 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 Subd. 3. 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 one gallon or less of a beverage.
new text end

new text begin Subd. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. new text end

new text begin Recycler. new text end

new text begin "Recycler" means a public or private individual or entity who
collects empty beverage containers from generators or a collector who aggregates empty
beverage containers for the purpose of recycling.
new text end

new text begin Subd. 10. new text end

new text begin Recycling. new text end

new text begin "Recycling" has the meaning given in section 115A.03,
subdivision 25b.
new text end

new text begin Subd. 11. 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.1341] REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for sale. new text end

new text begin (a) A manufacturer must not sell or offer
for sale in this state or deliver to retailers for subsequent sale in this state a beverage
container unless:
new text end

new text begin (1) the beverage container is labeled with the manufacturer's brand, which label is
permanently affixed and readily visible; and
new text end

new text begin (2) the manufacturer has filed a registration with the agency, as specified in
subdivision 2.
new text end

new text begin (b) On or after July 1, 2009, a retailer who sells or offers for sale a beverage
container must, before the initial offer for sale, review the agency Web site specified in
subdivision 2, paragraph (f), to determine that all beverage containers that the retailer is
offering for sale are labeled with manufacturers' brands that are registered with the agency.
new text end

new text begin (c) A retailer is not responsible for an unlawful sale under this subdivision 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
and the unlawful sale occurred within six months after the expiration or revocation.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer's registration. new text end

new text begin (a) A manufacturer of beverage containers
sold or offered for sale in this state after July 1, 2009, must submit a registration 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;
new text end

new text begin (2) the name, address, and contact information of a person responsible for ensuring
compliance with sections 115A.1340 to 115A.1349; 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.1340 to 115A.1349.
new text end

new text begin (b) A manufacturer who begins to sell or offer for sale beverage containers in
this state after July 1, 2009, and has not filed a registration under this subdivision 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 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 September
1 of each 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 EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 4.

new text begin [115A.1342] 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.1341 must, by January 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 that sells in excess of 10,000 beverage
containers in the state annually is $5,000. The registration fee for a manufacturer that sells
fewer than 10,000 beverage containers in the state annually is $2,500.
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 waste
account is established in the environmental fund. The commissioner of revenue must
deposit receipts from the fee established in subdivision 1 and any penalties received under
section 115A.1346 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, 2011, money in the account is annually appropriated to the
Pollution Control Agency for implementing sections 115A.1340 to 115A.1349.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 5.

new text begin [115A.1343] COLLECTION AND RECYCLING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Submission of plan. new text end

new text begin (a) A manufacturer who, as of July 1, 2008,
sells or offers for sale beverage containers in this state must, by January 1, 2009, submit a
plan to the commissioner describing a statewide program, financed and implemented by
the manufacturer, that will enable the manufacturer to, by July 1, 2010, collect, transport,
and recycle a number of beverage containers equal to at least ... percent of the number of
those products sold under the manufacturer's brand in the state during the previous year.
new text end

new text begin (b) A manufacturer who begins to sell or offer for sale beverage containers in the
state after July 1, 2008, must submit a plan that meets the requirements of this section to the
commissioner within 60 days of filing a registration under section 115A.1341, subdivision
2. The plan must describe how the manufacturer will meet the recycling requirement
established in subdivision 1 within one year of the date of the manufacturer's registration.
new text end

new text begin (c) Manufacturers are encouraged to collaborate with retailers, wholesalers, trade
associations, nonprofit organizations, and local units of government in developing and
implementing a beverage container collection and recycling system.
new text end

new text begin (d) Manufacturers are encouraged to file a plan jointly or through an organization
representing several manufacturers.
new text end

new text begin Subd. 2. new text end

new text begin Plan contents. new text end

new text begin The plan must contain, at a minimum:
new text end

new text begin (1) a description of the system to collect, transport, and recycle beverage containers;
new text end

new text begin (2) a description of permanent and event collection services that will be provided
throughout the state, including the number and frequency of collection opportunities;
new text end

new text begin (3) a description of how existing public and private efforts to collect and recycle
beverage containers will be integrated into the plan;
new text end

new text begin (4) a list of one or more permanent collection opportunities that will be provided
in each county; and
new text end

new text begin (5) a list of collectors who will transport beverage containers to a recycling facility.
new text end

new text begin Subd. 3. new text end

new text begin Plan review and approval. new text end

new text begin (a) The commissioner must review and
approve, and may modify, each plan. The commissioner must approve a plan no later
than 60 days after the plan has been received by the agency. A manufacturer may not
implement a plan that has not been approved by the commissioner.
new text end

new text begin (b) In determining whether to approve a plan, the commissioner must consider,
at a minimum, whether the plan:
new text end

new text begin (1) is likely to meet the recycling requirement established in section 115A.1345,
subdivision 1, paragraph (b);
new text end

new text begin (2) provides reasonable opportunities to collect and recycle beverage containers in
all geographic areas of the state; and
new text end

new text begin (3) makes use of existing recycling programs and avoids duplication of effort.
new text end

Sec. 6.

new text begin [115A.1344] REPORTING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturer's reporting requirements. new text end

new text begin (a) By September 1 of
each year, each manufacturer must report to the agency:
new text end

new text begin (1) the total weight of its beverage containers, less the weight of the beverage, sold
in the state during the previous year; or
new text end

new text begin (2) an estimate of the total weight of its beverage containers, less the weight of the
beverage, sold in the state during the previous program year based on national sales data.
A manufacturer must submit with the report required under this clause a description of
how the information or estimate was calculated.
new text end

new text begin (b) By September 1 of each year, each manufacturer must report to the agency the
total weight of empty beverage containers the manufacturer collected in the state and
recycled or arranged to have collected in the state and recycled during the preceding
program year.
new text end

new text begin Subd. 2. new text end

new text begin Wholesaler's reporting requirements. new text end

new text begin By September 1 of each year, each
wholesaler licensed under section 340A.301, subdivision 1, must report to the agency for
each manufacturer whose beverages are brought to rest in a licensed warehouse:
new text end

new text begin (1) the total weight of the manufacturer's beverage containers, less the weight of
the beverage, sold in the state during the previous year; or
new text end

new text begin (2) an estimate of the total weight of the manufacturer's beverage containers, less
the weight of the beverage, sold in the state during the previous program year based on
national sales data. A wholesaler must submit with the report required under this clause a
description of how the information or estimate was calculated.
new text end

new text begin Subd. 3. new text end

new text begin Nonpublic data. new text end

new text begin Data reported under subdivisions 1 and 2 by an individual
wholesaler or manufacturer 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 manufacturers or wholesalers are not identified and from which neither
their identities nor any other characteristics that could uniquely identify an individual
manufacturer or wholesaler is ascertainable.
new text end

new text begin Subd. 4. new text end

new text begin Recycler's reporting requirements. new text end

new text begin By August 1 of each year, a recycler
of beverage containers must report to the agency the total weight of empty beverage
containers collected in the state and recycled by the recycler during the preceding program
year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 7.

new text begin [115A.1345] RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturer's responsibilities. new text end

new text begin (a) A manufacturer must annually
collect and recycle or arrange for the collection and recycling of an amount of empty
beverage containers equal to 80 percent of the total weight of its beverage containers, less
the weight of the beverage, sold in the state during the preceding program year.
new text end

new text begin (b) A manufacturer must conduct and document due diligence assessments of
collectors and recyclers with whom it contracts for the collection and recycling of empty
beverage containers. A manufacturer is responsible for maintaining, for a period of three
years, documentation that all beverage containers recycled, as reported under paragraph
(a), were recycled in compliance with applicable laws.
new text end

new text begin (c) A manufacturer must provide the agency with contact information for a person
who can be contacted regarding the manufacturer's activities under sections 115A.1340
to 115A.1349.
new text end

new text begin Subd. 2. new text end

new text begin Retailer's responsibilities. new text end

new text begin By July 1 of each year, beginning in 2010,
a retailer must report to a manufacturer the number of beverage containers, by type of
material and capacity, labeled with the manufacturer's brand sold in this state during the
previous program year.
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. 8.

new text begin [115A.1346] PENALTIES.
new text end

new text begin (a) The commissioner shall impose a penalty on each manufacturer that fails to meet
the recycling requirement established in section 115A.1345, subdivision 1, paragraph (a).
The penalty is $....... for each one-tenth of one percent below 80 percent. Revenues from
the penalties shall be deposited in the account established in section 115A.1342.
new text end

new text begin (b) Data regarding penalties imposed under this section is 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 manufacturers are not identified and from
which neither their identities nor any other characteristic that could uniquely identify an
individual manufacturer is ascertainable.
new text end

Sec. 9.

new text begin [115A.1347] AGENCY DUTIES.
new text end

new text begin (a) The agency shall administer sections 115A.1340 to 115A.1349.
new text end

new text begin (b) The agency shall establish procedures for:
new text end

new text begin (1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1341; and
new text end

new text begin (2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.
new text end

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

new text begin (1) the proportion of sales of beverage containers sold in the state that manufacturers
are required to recycle;
new text end

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

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

new text begin If the agency determines that any of the values in clause (1) or (2) must be changed
to improve the efficiency or effectiveness of the activities regulated under sections
115A.1342 to 115A.1349, the agency shall submit recommended changes and the
reasons for them to the chairs of the senate and house of representatives committees
with jurisdiction over solid waste policy.
new text end

new text begin (d) By January 15 each year, beginning in 2010, the agency shall calculate estimated
sales of beverage containers sold in the state, by material type and capacity, by each
manufacturer during the preceding program year, based on national sales data.
new text end

new text begin (e) The agency shall manage the account established in section 115A.1342,
subdivision 2. If the revenues in the account exceed the amount that the agency
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 (f) On or before December 1, 2011, and each year thereafter, the agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1340 to 115A.1349. For each program year, the report must discuss the total weight
of beverage containers recycled and a summary of information in the reports submitted
by manufacturers and recyclers under section 115A.1344. The report must also discuss
the various collection programs used by manufacturers to collect beverage containers;
information regarding beverage containers that are being collected by persons other than
registered manufacturers or collectors and recyclers with whom registered manufacturers
have contracted; 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.1340 to 115A.1349. The agency may include in its report other information
received by the agency regarding the implementation of sections 115A.1340 to 115A.1349.
new text end

new text begin (g) The agency shall promote public participation in the activities regulated under
sections 115A.1340 to 115A.1349 through public education and outreach efforts.
new text end

new text begin (h) The agency shall enforce sections 115A.1340 to 115A.1349 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072.
new text end

new text begin (i) The agency shall impose penalties as required under section 115A.1346.
new text end

new text begin (j) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of beverage
containers available for recycling.
new text end

new text begin (k) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1345, subdivision 2, and post it on the agency's Web
site.
new text end

new text begin (l) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1341, subdivision 2, paragraph (a), clause (2).
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.1348] OTHER RECYCLING PROGRAMS.
new text end

new text begin A city, county, or other public agency may not require households to use public
facilities to recycle their beverage containers to the exclusion of other lawful programs
available. Cities, counties, and other public agencies are encouraged to work with
manufacturers to assist them in meeting their recycling obligations under section
115A.1345, subdivision 1. Nothing in sections 115A.1340 to 115A.1349 prohibits or
restricts the operation of any program recycling beverage containers in addition to those
provided by manufacturers or prohibits or restricts any persons from receiving, collecting,
transporting, or recycling beverage containers, provided that those persons comply with
all applicable laws.
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.1349] ANTICOMPETITIVE CONDUCT.
new text end

new text begin (a) A manufacturer that organizes collection or recycling of empty beverage
containers under this section may engage in anticompetitive conduct to the extent
necessary to plan and implement its chosen organized collection or recycling system and
is immune from liability under state laws relating to antitrust, restraint of trade, unfair
trade practices, and other regulation of trade or commerce.
new text end

new text begin (b) An organization of manufacturers, an individual manufacturer, and its officers,
members, employees, and agents who cooperate with a political subdivision that organizes
collection or recycling under this section may engage in anticompetitive conduct to the
extent necessary to plan and implement the organized collection or recycling system,
provided that the political subdivision actively supervises the participation of each entity.
An organization, entity, or person covered by this paragraph is immune from liability
under state law relating to antitrust, restraint of trade, unfair trade practices, and other
regulation of trade or commerce.
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 DIRECT APPROPRIATION.
new text end

new text begin Prior to the governor making budget recommendations to the legislature in fiscal year
2010, the Pollution Control Agency must report on revenues received and expenditures
made under Minnesota Statutes, section 115A.1342, during fiscal years 2009 and 2010, and
request the governor to recommend a direct appropriation for the purposes of that section.
new text end