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Minnesota Legislature

Office of the Revisor of Statutes

SF 2192

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/12/2014 04:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2192
1.2A bill for an act
1.3relating to environment; prohibiting and regulating certain lead and mercury
1.4products; regulating certain products containing formaldehyde;amending
1.5Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions
1.64, 5, 6, 8j, by adding a subdivision; Minnesota Statutes 2013 Supplement,
1.7sections 325F.176; 325F.177; proposing coding for new law in Minnesota
1.8Statutes, chapter 116.
1.9May 12, 2014
1.10The Honorable Sandra L. Pappas
1.11President of the Senate
1.12The Honorable Paul Thissen
1.13Speaker of the House of Representatives
1.14We, the undersigned conferees for S.F. No. 2192 report that we have agreed upon
1.15the items in dispute and recommend as follows:
1.16That the House recede from its amendments and that S.F. No. 2192 be further
1.17amended as follows:
1.18Delete everything after the enacting clause and insert:

1.19    "Section 1. Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
1.20read:
1.21    Subdivision 1. Prohibitions and recycling requirements. (a) A person may not
1.22place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical
1.23or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
1.24other electrical mercury-containing device or product, as defined under section 116.92,
1.25subdivision 10, from which the mercury has not been removed for reuse or recycling:
1.26(1) in solid waste; or
1.27(2) in a wastewater disposal system.
1.28(b) A person may not knowingly place mercury or a thermostat, thermometer,
1.29electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
1.30high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
2.1 or product, as defined under section 116.92, subdivision 10, from which the mercury has
2.2not been removed for reuse or recycling:
2.3(1) in a solid waste processing facility; or
2.4(2) in a solid waste disposal facility.
2.5(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
2.6of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or
2.7to a facility that collects and stores lamps for the purpose of delivering them to a lamp
2.8recycling facility, including, but not limited to, a household hazardous waste collection
2.9or recycling facility, retailer take-back and utility provider program sites, or other sites
2.10designated by an electric utility under section 216B.241, subdivisions 2 and 4.

2.11    Sec. 2. Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:
2.12    Subd. 4. Removal from service; products containing mercury. (a) When an item
2.13listed in subdivision 3 this section is removed from service, the mercury in the item must
2.14be reused, recycled, or otherwise managed to ensure compliance with section 115A.932.
2.15(b) A person who is in the business of replacing or repairing an item listed in
2.16subdivision 3 this section in households shall ensure, or deliver the item to a facility that
2.17will ensure, that the mercury contained in an item that is replaced or repaired is reused or
2.18recycled or otherwise managed in compliance with section 115A.932.
2.19(c) A person may not crush a motor vehicle unless the person has first made a good
2.20faith effort to remove all of the mercury switches in the motor vehicle.
2.21(d) An item managed according to the requirements of this section must be
2.22transported in a container designed to prevent the escape of mercury into the environment
2.23by volatilization or any other means.

2.24    Sec. 3. Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:
2.25    Subd. 5. Thermostats. (a) The definitions in this paragraph apply to this subdivision:
2.26(1) "contractor" means a person engaged in the business of installing, servicing, or
2.27removing thermostats and other heating, ventilation, and air conditioning components,
2.28including a contractor removing thermostats in conjunction with renovation and
2.29demolition activities in accordance with Minnesota Rules, part 7035.0805;
2.30(2) "qualified contractor" means a contractor:
2.31(i) who employs seven or more service technicians or installers;
2.32(ii) who is located in an area outside of an urban area, as defined by the United
2.33States Census Bureau; or
2.34(iii) whose primary business consists of renovation and demolition activities;
3.1(3) "retailer" means a person who sells thermostats of any kind directly to
3.2homeowners or other end-users through any selling or distribution mechanism;
3.3(4) "thermostat" means a temperature control device that may contain elemental
3.4mercury in a sealed component that serves as a switch or temperature-sensing element and
3.5a sealed component that has been removed from a temperature control device; and
3.6(5) "wholesaler" means a person engaged in the distribution and wholesale sale of
3.7thermostats and other heating, ventilation, and air conditioning components to contractors
3.8who install heating, ventilation, and air conditioning components.
3.9(b) A manufacturer of thermostats that contain mercury or that may replace
3.10thermostats that contain mercury is responsible for the costs of collecting and managing
3.11the replaced mercury-containing thermostats to ensure that the thermostats do not become
3.12part of the solid waste stream.
3.13(c) A manufacturer of thermostats that contain mercury or that may replace
3.14thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
3.15provide incentives for and sufficient information to purchasers and consumers of the
3.16thermostats for the purchasers or consumers to ensure that mercury in thermostats being
3.17removed from service is reused or recycled or otherwise managed in compliance with
3.18section 115A.932. A manufacturer that has complied with this subdivision is not liable for
3.19improper disposal by purchasers or consumers of thermostats.
3.20(d) A manufacturer of thermostats subject to this subdivision, or an organization
3.21of manufacturers of thermostats and its officers, members, employees, and agents, may
3.22participate in projects or programs to collect and properly manage waste thermostats. Any
3.23person who participates in a project or program is immune from liability under state law
3.24relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
3.25or commerce for activities related to the collection and management of the thermostats
3.26under this subdivision.
3.27(e) A manufacturer of thermostats or organization of manufacturers of thermostats
3.28that participates in a thermostat collection and management program under this subdivision
3.29must report at least annually to the agency. The report must include:
3.30(1) a description of how the program operates;
3.31(2) a description of program components, including incentives provided under this
3.32subdivision, and an evaluation of the program components' effectiveness in promoting
3.33participation and recovery of thermostats;
3.34(3) eligibility criteria for program participants;
3.35(4) a list of program participants; and
4.1(5) the number of thermostats remitted by each program participant during the
4.2reporting period.
4.3(f) A wholesaler, qualified contractor, or retailer may participate as a collection site
4.4in a manufacturer's mercury thermostat collection and management program required
4.5under this subdivision. A wholesaler or retailer that participates as a collection site
4.6in a manufacturer's mercury thermostat collection and management program shall post
4.7prominent signs at the wholesaler's or retailer's business location regarding the collection
4.8and management of mercury thermostats.

4.9    Sec. 4. Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:
4.10    Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or
4.11retailer may not sell or distribute at no cost a thermometer containing mercury that was
4.12manufactured after June 1, 2001.
4.13(b) Paragraph (a) does not apply to:
4.14(1) an electronic thermometer with a battery containing mercury if the battery is in
4.15compliance with section 325E.125;.
4.16(2) a mercury thermometer used for food research and development or food
4.17processing, including meat, dairy products, and pet food processing;
4.18(3) a mercury thermometer that is a component of an animal agriculture climate
4.19control system or industrial measurement system until such time as the system is replaced
4.20or a nonmercury component for the system is available; or
4.21(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
4.22equipment, unless a nonmercury calibration standard is approved for the application by
4.23the National Institute of Standards and Technology.
4.24(c) A manufacturer is in compliance with this subdivision if the manufacturer:
4.25(1) has received an exclusion or exemption from a state that is a member of the
4.26Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
4.27parts when no alternative is available or for an application when no feasible alternative is
4.28available;
4.29(2) submits a copy of the approved exclusion or exemption to the commissioner; and
4.30(3) meets all of the requirements in the approved exclusion or exemption for the
4.31manufacturer's activities within the state.

4.32    Sec. 5. Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read:
4.33    Subd. 8j. Exclusion for existing equipment. The prohibitions in subdivisions 6
4.34and 8b to 8g do not apply if a thermometer, switch, relay, or measuring device is used
5.1to replace a thermometer, switch, relay, or measuring device that is a component of a
5.2larger product in use prior to January 1, 2008, provided the owner of that equipment has
5.3made every reasonable effort to determine that no compatible nonmercury replacement
5.4component exists an industrial measurement system or control system until the system is
5.5replaced or a nonmercury component for the system is available. The owner of the system
5.6shall notify the commissioner within 30 days of replacing the component and identify the
5.7replacement mercury component that was installed.

5.8    Sec. 6. Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
5.9read:
5.10    Subd. 8k. Ban; mercury in balancing and dampening products and
5.11equipment. A person may not sell, offer for sale, distribute, install, or use in the state a
5.12mercury-containing product or mercury-containing equipment that is used for balancing,
5.13dampening, or providing a weight or counterweight function.
5.14EFFECTIVE DATE.This section is effective January 1, 2015.

5.15    Sec. 7. [116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
5.16AND MERCURY PROHIBITION.
5.17    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
5.18have the meanings given.
5.19(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
5.20by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
5.21ground, in the water, or in the air.
5.22(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
5.23a person except a distributor, wholesaler, or motor vehicle dealer for resale.
5.24    Subd. 2. Tire service. When replacing or balancing a tire on a motor vehicle or
5.25aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
5.26or aircraft wheels if the weight or other balancing product contains lead or mercury that
5.27was intentionally added during the manufacture of the product.
5.28    Subd. 3. Sales ban. A person may not sell or offer to sell or distribute weights
5.29or other products for balancing motor vehicle or aircraft wheels if the weight or other
5.30balancing product contains lead or mercury that was intentionally added during the
5.31manufacture of the product.
5.32    Subd. 4. New motor vehicles. A person may not sell a new motor vehicle or
5.33aircraft that is equipped with a weight or other product for balancing wheels if the weight
6.1or other balancing product contains lead or mercury that was intentionally added during
6.2the manufacture of the product.
6.3    Subd. 5. Salvage. A person may not shred or crush, or market for shredding or
6.4crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
6.5or any portion thereof, without:
6.6(1) inspecting the vehicle or equipment; and
6.7(2) removing all weights or other products for balancing wheels or other equipment
6.8if the weights or balancing products contain lead or mercury that was intentionally added
6.9during the manufacture of the weights or balancing products.
6.10    Subd. 6. Management of wheel weights and balancing products. Mercury in
6.11wheel weights and other balancing products for motor vehicle and aircraft wheels must
6.12be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
6.13ensure that it does not become part of the solid waste stream and is not released to the
6.14environment. Lead in wheel weights and other balancing products for motor vehicle and
6.15aircraft wheels must be recycled to ensure that it does not become part of the solid waste
6.16stream and is not released to the environment.
6.17    Subd. 7. Educational materials; outreach. Prior to the effective date of this
6.18section, the agency shall produce and distribute educational materials on the prohibitions
6.19required under this section to businesses subject to the prohibitions and shall conduct
6.20additional outreach and education activities to those businesses.
6.21EFFECTIVE DATE.This section is effective January 1, 2016.

6.22    Sec. 8. [145.945] CERTAIN SALES OF CLEANING PRODUCTS PROHIBITED.
6.23    Subdivision 1. Prohibition. In order to prevent the spread of infectious disease and
6.24avoidable infections and to promote best practices in sanitation, no person shall offer
6.25for retail sale in Minnesota any cleaning product that contains triclosan and is used by
6.26consumers for sanitizing or hand and body cleansing.
6.27    Subd. 2. Exception. The prohibition in subdivision 1 shall not apply to individual
6.28products for which specific United States Food and Drug Administration approval for
6.29consumer use has been secured.
6.30EFFECTIVE DATE.This section is effective January 1, 2017.

6.31    Sec. 9. Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:
6.32325F.176 DEFINITIONS.
7.1(a) For the purposes of sections 325F.176 to 325F.178, the following terms have
7.2the meanings given them.
7.3(b) "Child" means a person under eight years of age.
7.4(c) "Children's product" means a product primarily designed or intended by a
7.5manufacturer to be physically applied to or introduced into a child's body, including any
7.6article used as a component of such a product and excluding a food, beverage, dietary
7.7supplement, pharmaceutical product or biologic, children's toys that are covered by the
7.8ASTM International F963 standard for Toy Safety, or a medical device as defined in
7.9the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
7.10as amended through February 15, 2013.
7.11(d) "Intentionally added chemical" means a chemical in a product that serves an
7.12intended function in the product.

7.13    Sec. 10. Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:
7.14325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.
7.15(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
7.16sale in this state a children's product that intentionally contains:
7.17(1) formaldehyde, including formaldehyde contained in a solution; or
7.18(2) intentionally added chemical ingredients that chemically degrade under normal
7.19conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.20de minimis level of 0.05 percent.
7.21(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
7.22children's product that intentionally contains:
7.23(1) formaldehyde, including formaldehyde contained in a solution; or
7.24(2) intentionally added chemical ingredients that chemically degrade under normal
7.25conditions of temperature and pressure to release free formaldehyde at levels exceeding a
7.26de minimis level of 0.05 percent."
7.27Delete the title and insert:
7.28"A bill for an act
7.29relating to environment; prohibiting and regulating certain lead and mercury
7.30products; modifying ban on formaldehyde in children's products; prohibiting
7.31certain cleaning products containing triclosan;amending Minnesota Statutes
7.322012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by
7.33adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176;
7.34325F.177; proposing coding for new law in Minnesota Statutes, chapters 116;
7.35145."
8.1
We request the adoption of this report and repassage of the bill.
8.2
Senate Conferees:
8.3
.....
.....
8.4
John Marty
John A. Hoffman
8.5
.....
8.6
David J. Osmek
8.7
House Conferees:
8.8
.....
.....
8.9
Melissa Hortman
Joe Mullery
8.10
.....
8.11
Denny McNamara