SF 1235

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; establishing a product 
  1.3             stewardship policy; providing recovery and recycling 
  1.4             goals for carpet; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 115A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [115A.9562] [PRODUCT STEWARDSHIP POLICY.] 
  1.8      (a) Consistent with section 115A.02, it is the goal of the 
  1.9   state to promote resource conservation and protect the public 
  1.10  health and environment through product stewardship.  Product 
  1.11  stewardship is one method used by the state to conserve 
  1.12  resources, prevent waste, and reduce toxicity and hazardous 
  1.13  constituents of products.  The principles of product stewardship 
  1.14  are described in paragraphs (b) to (g). 
  1.15     (b) All parties who have a role in designing, producing, or 
  1.16  selling a product or product components assume responsibility 
  1.17  for achieving the following goals: 
  1.18     (1) reducing or eliminating the toxic and hazardous 
  1.19  constituents of products and product components; 
  1.20     (2) reducing the toxicity and amount of waste that results 
  1.21  from the manufacture, use, and disposal of products; and 
  1.22     (3) using materials, energy, and waste efficiently at every 
  1.23  stage of a product's life cycle, including product manufacture, 
  1.24  distribution, sale, use, and recovery. 
  1.25     (c) All purchasers and users are responsible for reducing 
  2.1   the amount of toxicity and waste that result from their use and 
  2.2   disposal of products, and for using products in a manner that 
  2.3   conserves resources. 
  2.4      (d) The greater the ability of a party to influence the 
  2.5   environmental impacts of the product, the greater the degree of 
  2.6   responsibility the party has for addressing those impacts. 
  2.7      (e) Parties responsible for addressing environmental 
  2.8   impacts of products have flexibility in determining how to best 
  2.9   address those impacts. 
  2.10     (f) The costs of recovering resources and managing products 
  2.11  at the end of life are internalized into the costs of producing 
  2.12  and selling products, so that those costs are not paid for by 
  2.13  government. 
  2.14     (g) Government provides leadership in product stewardship 
  2.15  in all its activities, including, but not limited to, promoting 
  2.16  product stewardship in purchasing products, making capital 
  2.17  investments in buildings and infrastructure, procuring services, 
  2.18  and ensuring that products are recycled or properly managed at 
  2.19  the end of their useful lives. 
  2.20     Sec. 2.  [115A.9563] [CARPETING.] 
  2.21     Subdivision 1.  [ESTABLISHMENT OF RECOVERY AND RECYCLING 
  2.22  GOALS.] (a) Within one year of the effective date of this 
  2.23  section, and in consultation with the parties specified in 
  2.24  paragraph (b), the director shall establish recovery and 
  2.25  recycling goals for carpet that identify levels of recovery and 
  2.26  recycling appropriate for carpet and the dates by which the 
  2.27  goals shall be met.  When developing recovery and recycling 
  2.28  goals, the director shall consider such factors as the current 
  2.29  and potential opportunities for reduction, reuse, 
  2.30  remanufacturing, and recycling of carpet; the existing and 
  2.31  needed infrastructure for managing carpet; and the availability 
  2.32  of alternative products. 
  2.33     (b) When developing recovery and recycling goals, the 
  2.34  director shall consult with representatives of appropriate 
  2.35  interested parties, including, but not limited to, the 
  2.36  commissioner, representatives of manufacturers, retailers, 
  3.1   carpet installers, product users, environmental organizations, 
  3.2   local government, and recycling and solid waste management 
  3.3   service providers. 
  3.4      (c) Parties responsible for meeting the requirements 
  3.5   specified in subdivision 2 shall report biennially to the office 
  3.6   on progress toward meeting the goals, including the total amount 
  3.7   of carpet recovered and recycled.  Industry associations or 
  3.8   groups may submit a report on behalf of all parties to satisfy 
  3.9   the reporting requirement. 
  3.10     Subd. 2.  [REQUIREMENTS.] (a) Manufacturers, retailers, and 
  3.11  installers of carpet shall: 
  3.12     (1) ensure that carpet is managed in a manner sufficient to 
  3.13  meet the recovery and recycling goals established in subdivision 
  3.14  1; 
  3.15     (2) ensure that end-of-life management costs for carpet are 
  3.16  not borne by government entities and are internalized into cost 
  3.17  of the product; and 
  3.18     (3) provide clear information to final purchasers or users 
  3.19  of carpet about the options available for the reuse, recycling, 
  3.20  or recovery and how to access those options. 
  3.21     (b) Government entities may agree to participate in 
  3.22  operating collection programs for carpet. 
  3.23     Subd. 3.  [MONITORING PROGRESS.] The director shall monitor 
  3.24  progress towards meeting the goals established in subdivision 
  3.25  1.  If the director determines that adequate progress toward the 
  3.26  goals has not been made, the director shall recommend additional 
  3.27  action for the legislature to take in order to achieve the goals 
  3.28  for that product. 
  3.29     Subd. 4.  [STATE ASSISTANCE TO MEET RECOVERY AND RECYCLING 
  3.30  GOALS.] To foster product stewardship, the office shall provide 
  3.31  assistance in meeting the goals established in subdivision 1.  
  3.32  The director may consider providing assistance such as the 
  3.33  following: 
  3.34     (1) in conjunction with carpet manufacturers, retailers, 
  3.35  installers, and recyclers, provide statewide education for 
  3.36  consumers which promotes product stewardship and information on 
  4.1   end-of-life management; 
  4.2      (2) provide financial assistance to promote environmentally 
  4.3   preferable design of carpet and increase recycling; and 
  4.4      (3) work with the commissioner of the department of 
  4.5   administration and other state agencies to promote product 
  4.6   stewardship for carpet by the state and political subdivisions 
  4.7   in purchasing, making capital investments in buildings and 
  4.8   infrastructure, procuring services, and managing carpet at the 
  4.9   end of its useful life.