HF 4047

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

A bill for an act
relating to environment; requiring a deposit on beverage containers; requiring
labeling of beverage containers; providing for refunds of the deposit on
containers returned; requiring payment of unclaimed deposits; 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. Data received by the Pollution Control Agency
under section 115A.1355 are classified under that section.
new text end

Sec. 2.

new text begin [115A.1350] 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 section 115A.1350 to 115A.1357, the
following terms have the meanings 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 Distributor. new text end

new text begin "Distributor" means a person who sells beverages in beverage
containers to a retailer in this state, including a manufacturer who engages in such sales.
new text end

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

new text begin Retailer. new text end

new text begin "Retailer" means a person who sells beverages in beverage
containers to a consumer for consumption of the beverage.
new text end

new text begin Subd. 10. new text end

new text begin Unclaimed bottle deposits. new text end

new text begin "Unclaimed bottle deposits" means the
difference between the dollar value of the total deposits collected by a distributor or
manufacturer on beverage containers sold in this state and the total refunds paid for
beverage containers redeemed by the distributor or manufacturer within this state.
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

Sec. 3.

new text begin [115A.1351] BEVERAGE CONTAINER LABELING.
new text end

new text begin (a) After January 1, 2009, no beverage container may be sold or offered for sale in
the 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 with container deposit legislation comparable to that in
sections 115A.1350 to 115A.1357 may be indicated on the container.
new text end

new text begin (b) The commissioner may allow beverage containers containing distilled spirits or
wine to be affixed with a continuous adhesive sticker to indicate the information required
in paragraph (a), provided the size, placement, and adhesive qualities are as approved by
the commissioner.
new text end

new text begin (c) This section does not apply to permanently labeled beverage containers.
new text end

Sec. 4.

new text begin [115A.1353] BEVERAGE CONTAINERS; REFUND VALUE.
new text end

new text begin (a) A refund value of not less than ten cents must be paid by a consumer on each
beverage container sold in this state by a retailer.
new text end

new text begin (b) The refund value must be paid to a consumer upon return of an empty beverage
container upon which a refund value has been paid:
new text end

new text begin (1) by a retailer, provided that the beverage container is of a kind, size, and brand
offered for sale by the retailer; or
new text end

new text begin (2) by an operator of a redemption center licensed under section 115A.1354.
new text end

new text begin (c) A retailer or an operator of a licensed redemption center is not required to accept
and redeem a beverage container that:
new text end

new text begin (1) is broken;
new text end

new text begin (2) contains residue other than water, the beverage it originally contained, or dust;
new text end

new text begin (3) is damaged to the extent that the brand on the container cannot be identified; or
new text end

new text begin (4) was not purchased in this state.
new text end

new text begin (d) A manufacturer or distributor must accept for redemption from a retailer that sells
its beverage containers or from an operator of a licensed redemption center any beverage
container of a kind, size, and brand sold by the manufacturer or distributor, unless the
beverage container meets the requirements of paragraph (c), and must pay the retailer or
operator of a licensed redemption center the refund value established in paragraph (a) for
each beverage container accepted for redemption, plus one cent per beverage container.
new text end

new text begin (e) A retailer may, but is not required to, accept empty beverage containers from a
person due a refund exceeding $25 on any one day.
new text end

Sec. 5.

new text begin [115A.1354] REDEMPTION CENTERS.
new text end

new text begin (a) Any person may establish a redemption center, subject to the approval of the
commissioner, at which any 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 redemption 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 redemption center if
the commissioner determines that the redemption center provides a convenient service to
persons for the return of empty beverage containers. The approval of the commissioner
for a redemption center must state the kind and brand names of empty beverage containers
that the redemption center must accept.
new text end

new text begin (d) The commissioner may review approval of a request to establish a redemption
center at any time and may, after public hearing, withdraw approval of a redemption
center if the commissioner finds that the redemption center has not been in compliance
with the commissioner's original approval or if the redemption center no longer provides a
convenient service to the public.
new text end

Sec. 6.

new text begin [115A.1355] REPORTING REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Report. new text end

new text begin Beginning January 1, 2010, and each year thereafter, a
distributor or manufacturer must file a report with the agency, on a form prescribed by
the commissioner, stating the dollar value of both the total deposits collected on beverage
containers sold in this state and the total refunds paid for beverage containers redeemed by
the distributor or manufacturer within this state.
new text end

new text begin Subd. 2. new text end

new text begin Data. new text end

new text begin Data reported under subdivision 1 by an individual distributor 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
distributors or manufacturers are not identified and from which neither their identities
nor any other characteristic that could uniquely identify an individual distributor or
manufacturer is ascertainable.
new text end

Sec. 7.

new text begin [115A.1356] UNCLAIMED BOTTLE DEPOSITS.
new text end

new text begin Subdivision 1. new text end

new text begin Payment. new text end

new text begin Not later than March 1, 2009, and each year thereafter, a
distributor or manufacturer must pay to the commissioner the unclaimed bottle deposits
for the previous year.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin (a) The Department of Revenue must enforce the obligation
to pay the amount of money reflecting unclaimed bottle deposits owed to the state. The
audit, assessment, appeal, collection, enforcement, disclosure, and other administrative
provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under chapter
297A apply to unclaimed bottle deposits owed to the state. To enforce this subdivision,
the commissioner of revenue may grant extensions to pay, and impose and abate penalties
and interest on, unclaimed bottle deposits in the manner provided in chapters 270C and
289A as if the unclaimed bottle deposits were a tax imposed under chapter 297A.
new text end

new text begin Subd. 3. new text end

new text begin Nonpublic data. new text end

new text begin The Department of Revenue may disclose nonpublic
data to the agency only when necessary for the efficient and effective administration of
the activities regulated under sections 115A.1350 to 115A.1357. Any data disclosed
by the department to the agency retains the classification it had when in the possession
of the department.
new text end

new text begin Subd. 4. new text end

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

new text begin (a) The unclaimed bottle
deposits account is established in the environmental fund. The commissioner of revenue
must deposit receipts collected under subdivision 1 in the account. Any interest earned on
the account must be credited to the account. Money in the account at the end of a fiscal
year remains in the account and does not cancel to the general fund.
new text end

new text begin (b) Money in the account is annually appropriated to the agency for the purpose of
implementing sections 115A.1350 to 115A.1357.
new text end

new text begin (c) The commissioner shall deposit all remaining revenues in the account as follows:
new text end

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

new text begin (2) ... percent to the remediation fund.
new text end

Sec. 8.

new text begin [115A.1357] RULES.
new text end

new text begin The commissioner may adopt rules necessary to implement sections 115A.1351
to 115A.1356.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final enactment.
new text end