SF 383

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to environment; requiring plastic yard waste bags to be compostable;
establishing biodegradable standard for certain plastics; providing civil penalties;
amending Minnesota Statutes 2008, section 115A.931; proposing coding for new
law in Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2008, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) [Renumbered 115A.03, subd 38]

new text begin (c) On or after January 1, 2010, a person may not place yard waste or
source-separated compostable materials generated in a metropolitan county in a plastic
bag delivered to a transfer station or yard waste compost facility unless the bag meets all
the specifications in ASTM Standard Specification for Compostable Plastics (D6400).
For the purpose of this paragraph, "ASTM" has the meaning given in section 296A.01,
subdivision 6. For purposes of this paragraph, "metropolitan county" has the meaning
given in section 473.121, subdivision 4, and "ASTM" has the meaning given in section
296A.01, subdivision 6.
new text end

new text begin (d) A person who immediately empties a plastic bag containing yard waste or
source-separated compostable materials delivered to a transfer station or yard waste
compost facility and removes the plastic bag from the transfer station or yard waste
compost facility is exempt from paragraph (c).
new text end

new text begin (e) A city of the first class with an organized collection system for collecting solid
waste is exempt from paragraph (c) until January 1, 2013.
new text end

Sec. 2.

new text begin [325E.046] STANDARDS FOR LABELING PLASTIC BAGS.
new text end

new text begin Subdivision 1. new text end

new text begin "Biodegradable" label. new text end

new text begin A manufacturer, distributor, or wholesaler
may not offer for sale in this state a plastic bag labeled "biodegradable," "degradable,"
or any form of those terms, or in any way imply that the bag will chemically decompose
into innocuous elements in a reasonably short period of time in a landfill, composting, or
other terrestrial environment unless a scientifically based standard for biodegradability is
developed, and the bags are certified as meeting the standard.
new text end

new text begin Subd. 2. new text end

new text begin "Compostable" label. new text end

new text begin A manufacturer, distributor, or wholesaler may
not offer for sale in this state a plastic bag labeled "compostable" unless, at the time of
sale, the bag meets the ASTM Standard Specification for Compostable Plastics (D6400).
Each bag must be labeled to reflect it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A manufacturer,
distributor, or wholesaler who violates subdivision 1 or 2 is subject to a civil penalty of
$100 for each prepackaged saleable unit offered for sale up to a maximum of $5,000
and may be enjoined from those violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 1 or 2 in the manner provided in section 8.31, subdivision 2b.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2010.
new text end