SF 2800

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; providing for plastic bag recycling; proposing coding
for new law in Minnesota Statutes, chapter 115A.

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

Section 1.

new text begin [115A.5522] PLASTIC BAG RECYCLING.
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:
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new text begin (1) "chain of stores" means five or more stores located within the state that are
engaged in the same general field of business and conduct business under the same
business name or operate under common ownership or management or pursuant to a
franchise agreement with the same franchisor;
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new text begin (2) "consumer" means any person who purchases from a store a product that is
placed in a plastic carryout bag at the time of sale;
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new text begin (3) "film plastic" means uncontaminated nonrigid film plastic packaging products
composed of plastic resins that include, but are not limited to, newspaper bags, dry
cleaning bags, and shrink wrap;
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new text begin (4) "manufacturer" means a person, firm, or corporation that produces plastic
carryout bags that are sold or distributed in the state or imports into the United States
plastic carryout bags that are sold or distributed in the state;
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new text begin (5) "operator" means a person, firm, or corporation that owns or is in control of, or
has responsibility for, the daily operation of a store;
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new text begin (6) "plastic carryout bag" means a plastic bag that is provided by a store to a
consumer at the point of sale and that is not a reusable bag;
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new text begin (7) "reusable bag" means a durable plastic bag that is at least 2.25 mils thick, has
handles, and is specifically designed and manufactured for multiple reuse or a bag that is
made of cloth or other machine washable fabric and has handles; and
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new text begin (8) "store" means a retail or wholesale establishment that sells products, provides
plastic carryout bags to consumers in which to place the products, and has over 5,000
square feet of retail or wholesale space or is one of a chain of stores. Store does not
include a food and beverage service establishment as defined under section 157.15.
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new text begin Subd. 2. new text end

new text begin Recycling program requirements. new text end

new text begin (a) An operator shall establish an
in-store recycling program that includes, but need not be limited to, the following:
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new text begin (1) every plastic carryout bag provided by a store shall have printed or displayed
on the outside face of the bag the words "PLEASE REUSE OR RECYCLE AT A
PARTICIPATING STORE," using letters at least one-half inch in height, or a similar
message encouraging the reuse or recycling of plastic carryout bags that is no less than
one inch in height and uses letters at least one-quarter inch in height;
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new text begin (2) a bin for the collection of plastic carryout bags and other film plastic shall be
placed in a visible location that is easily accessible to the consumer and clearly marked as
available for collecting plastic carryout bags and other film plastic for recycling;
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new text begin (3) all plastic carryout bags and other film plastic returned to the store must be
collected, transported, and recycled in a manner consistent with this chapter or any rule
adopted under this chapter;
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new text begin (4) plastic carryout bags and other film plastic collected by the store that are free of
foreign material shall not be disposed of in any solid waste or hazardous waste disposal
facility; and
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new text begin (5) the operator shall make available to consumers within the store at or near the
place where plastic carryout bags are dispensed, reusable bags, which may be purchased
and used in lieu of plastic carryout bags or paper bags.
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new text begin (b) The operator or the operator's designee shall maintain records of the weight of
the plastic carryout bags and film plastic that are collected by the operator's store and
transported for recycling.
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new text begin (c) By February 28 of each year, an operator or operator's designee shall submit an
annual report to the commissioner covering the preceding calendar year, which shall
include for all stores that it operates within the state the weight of carryout plastic bags
and other film plastic that were collected and transported for recycling, the costs to the
operator of the efforts, and any other information the commissioner requires by rule.
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new text begin (d) The commissioner shall, in consultation with operators, manufacturers, and
recyclers, develop a system to monitor and determine the weight of all plastic carryout
bags and other film plastic collected under this section and shall analyze the information
and report to the chairs of the house and senate committees having jurisdiction over the
environment by December 31 of even-numbered years regarding the implementation
and enforcement of this section.
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new text begin Subd. 3. new text end

new text begin Manufacturer responsibilities. new text end

new text begin (a) A manufacturer whose plastic carryout
bags are sold or distributed to a store subject to this section shall make arrangements with
the operator, upon the operator's request, for the collection, transport, and recycling of
all plastic carryout bags and other film plastic collected consistent with this section. The
arrangements may include contracts or other agreements with third parties.
new text end

new text begin (b) A manufacturer that arranges with an operator for the collection, transport,
and recycling of plastic carryout bags and other film plastic shall report annually to the
operator the total weight of plastic carryout bags and other film plastic that have been
collected from the operator. The annual report shall cover the preceding calendar year
and be submitted to the operator no later than January 31 following the calendar year to
which the annual report relates.
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new text begin (c) A manufacturer whose plastic carryout bags are sold or distributed to a store
subject to this section shall make arrangements with the operator, upon the operator's
request, to provide the operator with educational materials that encourage the reduction,
reuse, and recycling of plastic carryout bags.
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Sec. 2. new text begin TRANSITION.
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new text begin For six months after the effective date of this act, a store under Minnesota Statutes,
section 115A.5522, may use its existing stock of plastic carryout bags and may apply
to the commissioner of the Pollution Control Agency for a waiver, based on economic
hardship, to extend the six-month period.
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Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 and 2 are effective January 1, 2009.
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