as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am
A bill for an act
relating to solid waste; requiring manufacturers of fluorescent or high-intensity
discharge lamps to organize collection and recycling programs for household
generators; requiring registration; modifying efficient lighting program;
providing civil penalties; appropriating money; amending Minnesota Statutes
2008, sections 13.7411, subdivision 4; 216B.241, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 115A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 13.7411, subdivision 4, is amended to read:
(a) new text begin Fluorescent or high-intensity discharge lamps.new text end new text begin
Data received and maintained by the commissioner of the Pollution Control Agency under
sections 115A.1364 and 115A.1366 are classified under those sections.
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new text begin (b) new text end 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.
deleted text begin (b)deleted text end new text begin (c)new text end 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.
deleted text begin (c)deleted text end new text begin (d)new text end Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.
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This section is effective the day following final enactment.
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For purposes of sections 115A.1360 to 115A.1369, the
following terms have the meanings given.
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"Collector" means a public or private entity that receives
fluorescent or high-intensity discharge lamps and arranges for their transportation and
delivery to a lamp recycling facility.
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"Fluorescent or
high-intensity discharge lamp" means a fluorescent or high-intensity discharge lamp sold
to or generated by a household in this state.
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"Lamp recycling facility" has the meaning given
in section 116.93, subdivision 1.
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"Manufacturer" means a person who:
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(1) manufactures fluorescent or high-intensity discharge lamps to be sold under its
own brand as identified by its own brand label; or
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(2) sells fluorescent or high-intensity discharge lamps manufactured by others under
its own brand as identified by its own brand label.
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"Program year" means the period from July 1 through
June 30.
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"Retailer" means a persons who sells a fluorescent or
high-intensity discharge lamp to a household.
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This section is effective the day following final enactment.
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(a) On or after September 1, 2009, a
manufacturer must not sell or offer for sale in this state or deliver to a retailer for
subsequent sale in this state a fluorescent or high-intensity discharge lamp unless the
manufacturer has filed a registration with the agency, as specified in subdivision 2.
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(b) On or after February 1, 2010, a retailer who sells or offers for sale a fluorescent or
high-intensity discharge lamp in this state must, before the initial offer for sale, review the
agency Web site specified in subdivision 2, paragraph (f), to determine that all fluorescent
or high-intensity discharge lamps that the retailer is offering for sale are labeled with the
manufacturer's brands that are registered with the agency.
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(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
fluorescent or high-intensity discharge lamp prior to the expiration or revocation of the
manufacturer's registration and the unlawful sale occurred within six months after the
expiration or revocation.
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(a) A manufacturer of fluorescent or
high-intensity discharge lamps sold or offered for sale in this state on or after September 1,
2009, must submit a registration to the agency that includes:
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(1) a list of the manufacturer's brands of fluorescent or high-intensity discharge
lamps sold or offered for sale in this state;
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(2) the name, address, and contact information of a person responsible for ensuring
compliance with this chapter; and
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(3) a certification that the manufacturer has complied and will continue to comply
with the requirements of sections 115A.1360 to 115A.1369.
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(b) A manufacturer who begins to sell or offer for sale fluorescent or high-intensity
discharge lamps in this state on or after September 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 fluorescent or high-intensity discharge lamps in this state.
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(c) A registration must be updated within ten days after a change in the
manufacturer's brands of fluorescent or high-intensity discharge lamps sold or offered
for sale in this state.
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(d) A registration is effective upon receipt by the agency and is valid until September
1 of each year.
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(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.
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(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.
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This section is effective the day following final enactment.
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(a) Each manufacturer that registers under section
115A.1361 must, by September 1, 2009, and each year thereafter, pay to the commissioner
an annual registration fee of $........ The commissioner must deposit the fee in the account
established in subdivision 2.
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(b) The registration fee for a manufacturer who sells fewer than ... units of
fluorescent or high-intensity discharge lamps annually in this state, as determined under
section 115A.1364, is $........
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(a) The fluorescent and
high-intensity discharge lamp waste account is established in the environmental fund. The
commissioner of revenue must deposit receipts from the fee established in subdivision 1 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.
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(b) Until June 30, 2011, money in the account is annually appropriated to the
commissioner to implement sections 115A.1360 to 115A.1369.
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This section is effective the day following final enactment.
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(a) A manufacturer who, as of July 1, 2009,
sells or offers for sale fluorescent or high-intensity discharge lamps in this state must, by
January 1, 2010, 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, 2011, collect, transport, and recycle a number of fluorescent or high-intensity
discharge lamps equal to at least 80 percent of the number of those products sold under the
manufacturer's brand in this state during the previous year.
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(b) A manufacturer who begins to sell or offer for sale fluorescent or high-intensity
discharge lamps in this state after July 1, 2009, must submit a plan that meets the
requirements of this section to the commissioner within 60 days of filing a registration
under section 115A.1361, subdivision 2.
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(c) Manufacturers are encouraged to collaborate with retailers, lamp recycling
facilities, consumers, electric utilities, trade associations, nonprofit organizations, and
local units of government in developing and implementing a fluorescent or high-intensity
discharge lamp collection and recycling system.
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(a) The plan must contain, at a minimum:
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(1) a description of the system to collect, transport, and recycle fluorescent or
high-intensity discharge lamps;
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(2) a description of permanent and event collection services that will be provided
throughout the state, including the number and frequency of collection opportunities;
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(3) a description of how existing public and private efforts to collect and recycle
fluorescent or high-intensity discharge lamps will be integrated into the plan;
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(4) a consumer education program to inform consumers of the prohibition against
placing fluorescent or high-intensity discharge lamps in solid waste and of opportunities to
dispose of fluorescent or high-intensity discharge lamps safely;
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(5) a list of one or more permanent collection opportunities that will be provided
in each county; and
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(6) a list of collectors who will transport fluorescent or high-intensity discharge
lamps to a lamp recycling facility.
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(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.
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(b) In determining whether to approve a plan, the commissioner must consider,
at a minimum, whether the plan:
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(1) is likely to meet the 80 percent recycling goal;
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(2) provides reasonable opportunities to recycle fluorescent or high-intensity
discharge lamps in all geographic areas of the state; and
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(3) makes use of existing recycling programs and avoids duplication of effort.
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This section is effective the day following final enactment.
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(a) By September 1 of
each year, beginning in 2010, each manufacturer must report to the agency the number
of units of fluorescent or high-intensity discharge lamps sold in this state under its
brands during the previous year and a description of how the information or estimate
was calculated.
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(b) By September 1 of each year, beginning in 2010, each manufacturer must report
to the agency the total number of units of fluorescent or high-intensity discharge lamps
the manufacturer collected and recycled in this state or arranged to have collected and
recycled in this state during the preceding program year.
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(c) Data reported under this subdivision by an individual 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 are not identified and
from which neither the manufacturers' identities nor any other characteristics that could
uniquely identify an individual manufacturer are ascertainable.
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By August 1 of each year, beginning
in 2010, a retailer must report to a manufacturer the number of fluorescent or high-intensity
discharge lamps labeled with the manufacturer's brand sold in this state during the
previous program year.
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This section is effective the day following final enactment.
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(a) A manufacturer must annually collect and recycle or arrange for the collection
and recycling of at least 80 percent of the total number of units of fluorescent or
high-intensity discharge lamps sold by the manufacturer under its brands in this state
during the previous year, as estimated by the agency under section 115A.1367, paragraph
(d). A manufacturer may fulfill this requirement by collecting and recycling brands of
fluorescent or high-intensity discharge lamps other than its own, provided the brands are
registered under section 115A.1361, subdivision 2.
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(b) A manufacturer must conduct and document due diligence assessments of
collectors with whom it contracts for the collection of fluorescent or high-intensity
discharge lamps. A manufacturer is responsible for maintaining, for a period of
three years, documentation that all fluorescent or high-intensity discharge lamps the
manufacturer collected or arranged to have collected were delivered to a lamp recycling
facility. Fluorescent or high-intensity discharge lamps may be recycled only by a lamp
recycling facility permitted or licensed by the agency under section 116.93, subdivision
2, or by a county under section 473.811, subdivision 5b.
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(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.1360
to 115A.1369.
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This section is effective the day following final enactment.
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(a) The commissioner shall impose a penalty on a manufacturer that fails to meet the
recycling requirement established in section 115A.1365, 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.1362.
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(b) Data regarding penalties imposed under this section 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 are not identified and from which
neither the manufacturers' identities nor any other characteristics that could uniquely
identify an individual manufacturer are ascertainable.
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This section is effective the day following final enactment.
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(a) The agency shall administer sections 115A.1360 to 115A.1369.
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(b) The agency shall establish procedures for:
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(1) receipt and maintenance of the registration statements filed with the agency
under section 115A.1361; and
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(2) making the statements easily available to manufacturers, retailers, and members
of the public.
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(c) The agency shall review the reports submitted under section 115A.1364,
subdivision 1.
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(d) By August 1 of each year, beginning in 2010, the agency shall calculate
estimated sales of fluorescent or high-intensity discharge lamps sold in this state by each
manufacturer during the preceding year, based on national sales data, and forward the
estimates to the manufacturers.
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(e) On or before December 1, 2011, and each year thereafter, the agency shall submit
a report to the governor and the legislature on the implementation of sections 115A.1360
to 115A.1369. The report must discuss the total units of fluorescent or high-intensity
discharge lamps recycled in the previous year and must summarize information in the
reports submitted by manufacturers under section 115A.1364. The report must also
discuss the various collection programs used by manufacturers to collect fluorescent
or high-intensity discharge lamps; information regarding fluorescent or high-intensity
discharge lamps that are being collected by persons other than registered manufacturers
and collectors; and information about fluorescent or high-intensity discharge lamps, if
any, being disposed of in landfills in this state. The report must include a description of
enforcement actions under sections 115A.1360 to 115A.1369. The agency may include
in its report other information received by the agency regarding the implementation of
sections 115A.1360 to 115A.1369.
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(f) The agency shall promote public participation in the activities regulated under
sections 115A.1360 to 115A.1369 through public education and outreach efforts.
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(g) The agency shall enforce sections 115A.1360 to 115A.1369 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072. The agency
may revoke a registration of a collector found to have violated sections 115A.1360
to 115A.1369.
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(h) The agency shall impose penalties as required under section 115A.1366.
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(i) The agency shall facilitate communication between counties, collectors, lamp
recycling facilities, and manufacturers to ensure that manufacturers are aware of
fluorescent or high-intensity discharge lamps available for recycling.
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(j) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1364, subdivision 2, and post the form on the agency's
Web site.
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(k) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1365, paragraph (c).
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This section is effective the day following final enactment.
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A city, county, or other public agency may not require households to use public
facilities to recycle their fluorescent or high-intensity discharge lamps 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.1365. Nothing in sections 115A.1360 to 115A.1369 prohibits or restricts
the operation of any program recycling fluorescent or high-intensity discharge lamps in
addition to programs provided by manufacturers or prohibits or restricts any persons from
receiving, collecting, or transporting fluorescent or high-intensity discharge lamps.
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This section is effective the day following final enactment.
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(a) A manufacturer that organizes collection or recycling of fluorescent or
high-intensity discharge lamps under sections 115A.1360 to 115A.1369 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.
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(b) An organization of manufacturers, an individual manufacturer, and a
manufacturer's officers, members, employees, and agents who cooperate with a political
subdivision that organizes collection or recycling under sections 115A.1360 to 115A.1369
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.
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This section is effective the day following final enactment.
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Minnesota Statutes 2008, section 216B.241, subdivision 5, is amended to read:
(a) Each public utility, cooperative electric
association, and municipal utility that provides electric service to retail customers shall
include as part of its conservation improvement activities a program to strongly encourage
the use of fluorescent and high-intensity discharge lamps. The program must include at
least a public information campaign to encourage use of the lamps and proper management
of spent lamps by all customer classifications.
(b) A public utility that provides electric service at retail to 200,000 or more
customers shall establish, either directly or through contracts with other persons, including
lamp manufacturers, distributors, wholesalers, and retailers and local government units, a
system to collect for delivery to a reclamation or recycling facility spent fluorescent and
high-intensity discharge lamps deleted text begin from households anddeleted text end from small businesses as defined in
section 645.445 that generate an average of fewer than ten spent lamps per year.
(c) A collection system must include establishing reasonably convenient locations
for collecting spent lamps deleted text begin from householdsdeleted text end and financial incentives sufficient to encourage
spent lamp generators to take the lamps to the collection locations. Financial incentives
may include coupons for purchase of new fluorescent or high-intensity discharge lamps,
a cash back system, or any other financial incentive or group of incentives designed to
collect the maximum number of spent lamps from deleted text begin households anddeleted text end small businesses that is
reasonably feasible.
(d) A public utility deleted text begin that provides electric service at retail to fewer than 200,000
customersdeleted text end , a cooperative electric association, or a municipal utility that provides
electric service at retail to customers may establish a collection system new text begin for households
and qualifying small businesses new text end under paragraphs (b) and (c) as part of conservation
improvement activities required under this section.
(e) The commissioner of the Pollution Control Agency may not, unless clearly
required by federal law, require a public utility, cooperative electric association, or
municipality that establishes a household fluorescent and high-intensity discharge lamp
collection system under this section to manage the lamps as hazardous waste as long as
the lamps are managed to avoid breakage and are delivered to a recycling or reclamation
facility that removes mercury and other toxic materials contained in the lamps prior to
placement of the lamps in solid waste.
(f) If a public utility, cooperative electric association, or municipal utility contracts
with a local government unit to provide a collection system under this subdivision,
the contract must provide for payment to the local government unit of all the unit's
incremental costs of collecting and managing spent lamps.
(g) All the costs incurred by a public utility, cooperative electric association, or
municipal utility for promotion and collection of fluorescent and high-intensity discharge
lamps under this subdivision are conservation improvement spending under this section.
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This section is effective the day following final enactment.
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