SF 2698

as introduced - 88th Legislature (2013 - 2014) Posted on 03/18/2014 09:23am

A bill for an act
relating to solid waste; requiring product stewardship program for solar
photovoltaic modules; providing for fee on retail sales of solar photovoltaic
modules; prohibiting placement of solar photovoltaic modules in mixed
municipal solid waste; requiring a report; appropriating money; amending
Minnesota Statutes 2013 Supplement, sections 13.7411, subdivision 4; 115A.142;
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 2013 Supplement, section 13.7411, subdivision 4,
is amended to read:

Subd. 4.

Waste management.

(a) Product stewardship deleted text begin program deleted text end new text begin programs new text end .
Trade secret and sales data information submitted to the Pollution Control Agency under
the product stewardship deleted text begin program deleted text end new text begin programs new text end is classified under deleted text begin section deleted text end new text begin sections new text end 115A.1415
new text begin and 115A.1416 new text end .

(b) 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.

(c) 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.

(d) Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

Sec. 2.

new text begin [115A.1416] SOLAR PHOTOVOLTAIC MODULES; PRODUCT
STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "brand" means a name, symbol, word, or mark that identifies solar photovoltaic
modules, rather than its components, and attributes the solar photovoltaic modules to the
owner or licensee of the brand as the producer;
new text end

new text begin (2) "discarded solar photovoltaic modules" means solar photovoltaic modules that
are no longer used for their manufactured purpose;
new text end

new text begin (3) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic
modules sold in the state;
new text end

new text begin (ii) imports solar photovoltaic modules branded by a producer that meets item (i)
when the producer has no physical presence in the United States;
new text end

new text begin (iii) if items (i) and (ii) do not apply, makes unbranded solar photovoltaic modules
that are sold in the state; or
new text end

new text begin (iv) sells solar photovoltaic modules at wholesale or retail, does not have legal
ownership of the brand, and elects to fulfill the responsibilities of the producer for the solar
photovoltaic modules by certifying that election in writing to the commissioner;
new text end

new text begin (4) "recycling" means the process of collecting and preparing recyclable materials
and using them in manufacturing processes that do not cause the destruction of recyclable
materials in a manner that precludes further use;
new text end

new text begin (5) "retailer" means any person who offers solar photovoltaic modules for sale
at retail in the state;
new text end

new text begin (6) "sale" or "sell" means transfer of title of solar photovoltaic modules for
consideration, including a remote sale conducted through a sales outlet, catalog, Web site,
or similar electronic means. Sale or sell includes a lease through which solar photovoltaic
modules are provided to a consumer by a producer, wholesaler, or retailer;
new text end

new text begin (7) "solar photovoltaic module" has the meaning given in section 116C.7791,
subdivision 1;
new text end

new text begin (8) "stewardship assessment" means the amount added to the purchase price of solar
photovoltaic modules sold in the state that is necessary to cover the cost of collecting,
transporting, and processing postconsumer solar photovoltaic modules by the producer or
stewardship organization pursuant to a product stewardship program;
new text end

new text begin (9) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (10) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For solar photovoltaic modules sold in
the state, producers must, individually or through a stewardship organization, implement
and finance a statewide product stewardship program that manages the solar photovoltaic
modules by reducing their waste generation, promoting their recycling, and providing
for negotiation and execution of agreements to collect, transport, and process the solar
photovoltaic modules for end-of-life recycling.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2015, or three months after
program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
or offer for sale in the state solar photovoltaic modules unless the solar photovoltaic
modules' producer participates in an approved stewardship plan, either individually or
through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2015, and
before offering solar photovoltaic modules for sale in the state, a producer must submit
a stewardship plan to the agency and receive approval of the plan or must submit
documentation to the agency that demonstrates the producer has entered into an agreement
with a stewardship organization to be an active participant in an approved product
stewardship program as described in subdivision 2. A stewardship plan must include
all elements required under subdivision 5.
new text end

new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must
be submitted every five years.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan content. new text end

new text begin A stewardship plan must contain:
new text end

new text begin (1) certification that the product stewardship program will accept all discarded
solar photovoltaic modules regardless of which producer produced the solar photovoltaic
modules and their individual components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of
all producers participating in the product stewardship program, and the brands covered by
the product stewardship program;
new text end

new text begin (3) a description of the methods by which the discarded solar photovoltaic modules
will be collected in all areas in the state without relying on end-of-life fees, including an
explanation of how the collection system will be convenient and adequate to serve the
needs of small businesses and residents in both urban and rural areas on an ongoing basis
and a discussion of how the existing household hazardous waste infrastructure will be
considered when selecting collection sites;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will
manage discarded solar photovoltaic modules;
new text end

new text begin (6) a description of how discarded solar photovoltaic modules and their components
will be safely and securely transported, tracked, and handled from collection through
final recycling and processing;
new text end

new text begin (7) a description of the method that will be used to dismantle and recycle discarded
solar photovoltaic modules to ensure that the solar photovoltaic modules' components, to
the extent feasible, are transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling program and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for all solar photovoltaic modules sold
in the state. The proposed stewardship assessment shall be reviewed by an independent
auditor to ensure that the assessment does not exceed the costs of the product stewardship
program, and the independent auditor shall recommend an amount for the stewardship
assessment. The agency must approve the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, recycling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded solar photovoltaic modules that will be collected and recycled during each of
the first five years of the stewardship plan. The performance goals must include a specific
goal for the amount of discarded solar photovoltaic modules that will be collected and
recycled during each year of the plan. The performance goals must be based on:
new text end

new text begin (i) the most recent collection data available for the state;
new text end

new text begin (ii) the estimated number and weight of solar photovoltaic modules disposed of
annually; and
new text end

new text begin (iii) actual collection data from other existing stewardship programs. The
stewardship plan must state the methodology used to determine these goals; and
new text end

new text begin (12) a discussion of the status of end markets for collected solar photovoltaic
modules and what, if any, additional end markets are needed to improve the functioning
of the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin In developing a stewardship plan, each stewardship
organization or individual producer must consult with stakeholders including retailers,
solar photovoltaic module installers, owners, collectors, recyclers, and local government.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a
proposed stewardship plan, the agency shall determine whether the plan complies with
subdivision 5. If the agency approves a plan, the agency shall notify the applicant in
writing of the plan's approval and implementation date, which must be no later than 90
days after written notice of the plan's approval. If the agency rejects a plan, the agency
shall notify the applicant in writing of the reasons for rejecting the plan. An applicant
whose plan is rejected by the agency must submit a revised plan to the agency within
60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be
placed on the agency's Web site and made available at the agency's headquarters for
public review and comment.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of solar photovoltaic modules under this
section is immune from liability for the conduct under state laws relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce only
to the extent that the conduct is necessary to plan and implement the producer's or
organization's chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after the date of implementation
of a product stewardship program according to this section, a producer of solar photovoltaic
modules must add the stewardship assessment, as approved by the agency, to the cost of
solar photovoltaic modules sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers of solar photovoltaic modules or the stewardship organization shall
provide consumers with educational materials regarding the stewardship assessment
and product stewardship program. The materials must include, but are not limited to,
information regarding available end-of-life management options for solar photovoltaic
modules offered through the product stewardship program and information that notifies
consumers that a charge for the operation of the product stewardship program is included
in the purchase price of solar photovoltaic modules sold in the state.
new text end

new text begin (c) A producer or stewardship organization must conduct and document due
diligence assessments of collectors and recyclers it contracts with, including an assessment
of items specified under subdivision 11. A producer or stewardship organization is
responsible for maintaining, for a period of three years, documentation that all solar
photovoltaic modules recycled, partially recycled, or sent to downstream recycling
operations comply with subdivision 11.
new text end

new text begin (d) A producer or stewardship organization must provide the agency with contact
information for a person who can be contacted regarding the producer's or stewardship
organization's activities under this section.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of recyclers. new text end

new text begin By September 1 each year, a recycler must
certify to the agency that facilities that recycle solar photovoltaic modules, including all
downstream recycling operations:
new text end

new text begin (1) comply with all applicable health, environmental, safety, and financial
responsibility regulations;
new text end

new text begin (2) are licensed by all applicable governmental authorities;
new text end

new text begin (3) use no prison labor to recycle solar photovoltaic modules; and
new text end

new text begin (4) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies.
new text end

new text begin Subd. 12. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after July 1, 2015, or three
months after program plan approval, whichever is sooner, no solar photovoltaic modules
may be sold in the state unless the solar photovoltaic modules' producer is participating
in an approved stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program according
to this section, no retailer or distributor, as applicable, may offer solar photovoltaic
modules for sale in this state unless the full amount of the stewardship assessment added
to the cost of solar photovoltaic modules by producers under subdivision 10 is included
in the purchase price of the solar photovoltaic modules.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date a solar photovoltaic module sold by the retailer or distributor was ordered
from the producer or its agent, the producer was listed as compliant on the agency's Web
site according to subdivision 15.
new text end

new text begin Subd. 13. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2015, and each October 1
thereafter, producers of solar photovoltaic modules sold in the state must individually or
through a stewardship organization submit a report to the agency describing the product
stewardship program. At a minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process solar
photovoltaic modules in all regions of the state;
new text end

new text begin (2) the number and weight of all solar photovoltaic modules collected in all regions
of the state and a comparison to the performance goals and recycling rates contained
in the stewardship plan;
new text end

new text begin (3) samples of educational materials provided to consumers and an evaluation of the
effectiveness of the materials and the methods used to disseminate the materials; and
new text end

new text begin (4) an independent financial audit of the stewardship program.
new text end

new text begin Subd. 14. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, and sales information submitted to the agency under this section are nonpublic or
private data under section 13.37.
new text end

new text begin Subd. 15. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide on its Web site a list of
all compliant producers and brands participating in approved stewardship plans and a list
of all producers and brands the agency has identified as noncompliant with this section.
new text end

new text begin Subd. 16. new text end

new text begin Local government responsibilities. new text end

new text begin (a) A city, county, or other public
agency may choose to participate voluntarily in a product stewardship program.
new text end

new text begin (b) Cities, counties, and other public agencies are encouraged to work with producers
and stewardship organizations to assist in meeting product stewardship program recycling
obligations by providing education and outreach or using other strategies.
new text end

new text begin Subd. 17. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay an annual administrative fee to the
commissioner. The agency may establish a variable fee based on relevant factors,
including, but not limited to, the portion of solar photovoltaic modules sold in the state by
members of the organization compared to the total amount of solar photovoltaic modules
sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) By June 30, 2015, and by June 30 annually thereafter, the agency shall identify
the costs it incurs under this section. The agency shall set the fee at an amount that, when
paid by every stewardship organization or individual producer that submits a stewardship
plan, is adequate to reimburse the agency's full costs of administering this section. The
total amount of annual fees collected under this subdivision must not exceed the amount
necessary to reimburse costs incurred by the agency to administer this section.
new text end

new text begin (c) A stewardship organization or individual producer subject to this subdivision
must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015, and
annually thereafter. Each year after the initial payment, the annual administrative fee may
not exceed five percent of the aggregate stewardship assessment added to the cost of all
solar photovoltaic modules sold by producers in the state for the preceding calendar year.
new text end

new text begin (d) All fees received under this section shall be deposited to the state treasury and
credited to a product stewardship account in the special revenue fund. For fiscal years
2015 and 2016, the amount collected under this section is annually appropriated to the
agency to implement and enforce this section.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 115A.142, is amended to read:

115A.142 REPORT TO LEGISLATURE AND GOVERNOR.

As part of the report required under section 115A.121, the commissioner of the
Pollution Control Agency shall provide a report to the governor and the legislature on the
implementation of deleted text begin section deleted text end new text begin sections new text end 115A.1415 new text begin and 115A.1416 new text end .

Sec. 4.

new text begin [115A.9657] SOLAR PHOTOVOLTAIC MODULE PROHIBITION.
new text end

new text begin A person may not place a solar photovoltaic module in mixed municipal solid waste.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end