SF 3775

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; establishing a pilot program to collect and process used
paint.

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

Section 1. new text begin PAINT STEWARDSHIP PILOT PROGRAM.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections 1 to 3, the following terms
have the meanings given:
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new text begin (1) "architectural paint" means interior and exterior architectural coatings, including
paints and stains purchased for commercial or homeowner use, but does not include
architectural coatings purchased for industrial or original equipment manufacturer use;
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new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency;
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new text begin (3) "manufacturer" means a manufacturer of architectural paint;
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new text begin (4) "postconsumer paint" means architectural paint not used by the purchaser; and
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new text begin (5) "retailer" means a person who sells architectural paint at retail.
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new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the paint stewardship pilot program established
under this section is to allow paint manufacturers to develop and implement a program to
collect, transport, and process postconsumer paint to reduce the costs and environmental
impacts of the disposal of postconsumer paint in Minnesota.
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new text begin Subd. 3. new text end

new text begin Plan. new text end

new text begin (a) By July 1, 2008, manufacturers of architectural paint sold
at retail in this state must, through a representative organization, submit a plan to the
commissioner describing the proposed paint stewardship pilot program. At a minimum,
the plan must contain:
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new text begin (1) a description of methods that will be used to collect, transport, and process
postconsumer paint in all regions of Minnesota;
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new text begin (2) an estimate of the total cost of implementing the plan;
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new text begin (3) a description of how the plan's operations will be funded;
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new text begin (4) a schedule of periodic reports that will be submitted to the commissioner
regarding the plan's operations; and
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new text begin (5) examples of educational materials that will be provided to consumers of
architectural paint that describe the program and make consumers aware of the amount of
any fee that is added to the retail price of architectural paint to fund the paint stewardship
pilot program.
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new text begin (b) The commissioner must review and modify, reject, or approve the plan within 90
days of its submission. The commissioner may not approve a plan that is funded through
collection of a fee on retail sales of architectural paint in this state that (i) exceeds 50 cents
per gallon, or (ii) is not uniformly applied to all sales of architectural paint.
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new text begin Subd. 4. new text end

new text begin Nonpublic data. new text end

new text begin Data reported to the commissioner by a manufacturer
or organization of manufacturers is classified as nonpublic data, as defined in Minnesota
Statutes, section 13.02, subdivision 9, except that the commissioner may release the
data in summary form in which individual manufacturers or retailers are not identified
and from which neither their identities nor any other characteristics that could uniquely
identify an individual manufacturer or retailer is ascertainable.
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Sec. 2. new text begin ANTICOMPETITIVE CONDUCT.
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new text begin A manufacturer or organization of manufacturers that organizes collection, transport,
and processing of postconsumer paint under section 1 may engage in anticompetitive
conduct to the extent necessary to plan and implement its chosen organized collection
or recycling system and is immune from liability under state laws relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce.
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Sec. 3. new text begin REPORT.
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new text begin By January 1, 2011, the commissioner shall submit a report to the chairs and
ranking minority members of the committees in the senate and house of representatives
that have primary jurisdiction over solid waste policy describing the results of the paint
stewardship pilot program and recommending whether it should be made permanent and
any modifications to improve the functioning and efficiency of the program.
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Sec. 4. new text begin EXPIRATION.
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new text begin Sections 1 to 3 expire November 30, 2010.
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Sec. 5. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 4 are effective the day following final enactment.
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