SF 3427

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 03:14pm

A bill for an act
relating to recycling; establishing product stewardship program to promote recycling
of boat wrap; 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.1416] BOAT WRAP; PRODUCT STEWARDSHIP PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) "Boat" has the meaning given to watercraft under section 86B.005, subdivision 18.
new text end

new text begin (c) "Boat wrap" means low-density polyethylene plastic that is used to wrap a boat to
protect it against moisture, scratches, and other potentially harmful elements during storage.
new text end

new text begin (d) "Producer" means a manufacturer of boat wrap.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For boat wrap sold in or into this state, a
producer must, individually or through a stewardship organization, implement and finance
a statewide product stewardship program that reduces the volume of boat wrap disposed of
in landfills, promotes boat wrap recycling, and provides for negotiation and execution of
agreements to collect, transport, and process boat wrap for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Participation required to sell. new text end

new text begin (a) On and after July 1, 2024, or three months
after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
sell or offer for sale in or into this state boat wrap unless the boat wrap's 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
commissioner or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Stewardship plan required. new text end

new text begin (a) On or before March 1, 2024, and before
offering boat wrap for sale in or into this state, a producer must:
new text end

new text begin (1) submit a stewardship plan that complies with subdivision 5 to the commissioner for
approval and receive approval of the plan from the commissioner; or
new text end

new text begin (2) submit documentation to the commissioner that demonstrates that 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.
new text end

new text begin (b) It is the responsibility of the entities responsible for each stewardship plan to notify
the commissioner of any proposed changes or modifications to the plan or its implementation.
A written plan revision must be submitted to the commissioner for review and may not be
implemented without written approval from the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin 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 boat wrap
regardless of which producer produced the boat wrap and its 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 boat wrap will be collected in all areas in
the state without relying on end-of-life fees, including:
new text end

new text begin (i) an explanation of how the collection system will be convenient and adequate to serve
the needs of boat owners, marinas, and boat storage businesses in both urban and rural areas
on an ongoing basis; and
new text end

new text begin (ii) a discussion of how existing sites for collecting materials for recycling 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 measured,
monitored, and maintained;
new text end

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

new text begin (6) a description of how the discarded boat wrap and the boat wrap's 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 reuse, deconstruct, or recycle the
discarded boat wrap to ensure that the boat wrap's components, to the extent feasible, are
transformed or remanufactured into finished products for use or into new materials capable
of being processed into finished products;
new text end

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

new text begin (9) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (10) five-year performance goals, including an estimate of the percentage of discarded
boat wrap that will be collected, reused, and recycled during each of the first five years of
the stewardship plan. The stewardship plan must state the methodology used to determine
these goals. The performance goals must include a specific goal for the amount of discarded
boat wrap 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 amount of boat wrap disposed of annually;
new text end

new text begin (iii) the weight of the boat wrap that is expected to be available for collection annually;
and
new text end

new text begin (iv) actual collection data from other existing boat wrap recycling or stewardship
programs; and
new text end

new text begin (11) a discussion of the status of end markets for collected boat wrap and what, if any,
additional end markets are needed to improve the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin Each stewardship organization or individual producer
submitting a stewardship plan must consult with stakeholders, including boat owners, owners
of marinas and boat storage businesses, contractors, collectors, recyclers, and local
government, during the development of a stewardship plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin Within 90 days after receiving a proposed
stewardship plan, the commissioner must determine whether the plan complies with
subdivision 5. If the commissioner approves a plan, the commissioner must notify the
applicant of the plan approval in writing. If the commissioner rejects a plan, the commissioner
must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose
plan is rejected by the commissioner must submit a revised plan to the commissioner within
60 days after receiving notice of rejection.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin The commissioner must make a draft stewardship plan
available on the agency website and at the agency headquarters for public review and
comment at least 30 days before the commissioner's decision regarding plan approval. The
commissioner must make an approved stewardship plan available on the agency website
and at the agency headquarters.
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 boat wrap 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 Producer responsibilities. new text end

new text begin Producers of boat wrap or the stewardship
organization must provide consumers with educational materials regarding the product
stewardship program. The materials must include but are not limited to information regarding
available end-of-life management options for boat wrap offered through the product
stewardship program.
new text end

new text begin Subd. 11. new text end

new text begin Recycler responsibilities. new text end

new text begin (a) No recycler or downstream recycler who receives
boat wrap collected under a stewardship plan approved under this section may use the boat
wrap as a feedstock to produce transportation fuels.
new text end

new text begin (b) For the purposes of this subdivision, "downstream recycler" means a recycler other
than the recycler to whom a collector initially sends boat wrap under a stewardship plan
approved under this subdivision.
new text end

new text begin Subd. 12. new text end

new text begin Retailer responsibilities. new text end

new text begin (a) On and after July 1, 2024, or three months after
stewardship plan approval, whichever is sooner, no boat wrap may be sold in or into the
state unless the boat wrap's producer is participating in a stewardship plan approved by the
commissioner under this section.
new text end

new text begin (b) A retailer is responsible for reviewing the list of compliant producers on the agency
website under subdivision 13 to determine whether a producer is compliant with this section.
new text end

new text begin (c) A retailer may elect to participate as a designated collection point as part of a product
stewardship program approved under this section and in accordance with applicable law.
new text end

new text begin (d) A retailer or distributor is not in violation of this subdivision if, on the date the boat
wrap was ordered from a producer or a distributor, the producer was listed as compliant on
the agency website.
new text end

new text begin Subd. 13. new text end

new text begin Agency responsibilities. new text end

new text begin The commissioner must maintain on the agency
website a list of all compliant producers and brands participating in stewardship plans that
the commissioner has approved and a list of all producers and brands the commissioner has
identified as noncompliant with this section.
new text end

new text begin Subd. 14. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2025, producers of boat wrap
sold in or into the state must individually or through a stewardship organization submit an
annual report to the commissioner 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 boat wrap in all
regions of the state;
new text end

new text begin (2) the weight of all boat wrap collected in all regions of the state and a comparison to
the performance goals and recycling rates established in the stewardship plan;
new text end

new text begin (3) the amount of unwanted boat wrap collected in the state by method of disposition,
including reuse, recycling, and other methods of processing;
new text end

new text begin (4) 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 (5) an independent financial audit of stewardship organization activities.
new text end

new text begin Subd. 15. new text end

new text begin Data classification. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end