as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to the environment; creating an advisory council on development and
regulation of consumer products; establishing a comprehensive framework
for consumer products that protect, support, and enhance human health, the
environment, and economic development; providing appointments; proposing
coding for new law in Minnesota Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) There is created an advisory council
on consumer products consisting of nine voting members. The council members shall
be as follows:
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(1) one scientist each appointed by the governor, senate Subcommittee on
Committees of the Committee on Rules and Administration, and speaker of the house;
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(2) one representative of a business organization each appointed by the governor,
senate Subcommittee on Committees of the Committee on Rules and Administration,
and speaker of the house;
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(3) one representative of an environmental health organization each appointed by
the governor, senate Subcommittee on Committees of the Committee on Rules and
Administration, and speaker of the house;
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(4) the commissioner of the Pollution Control Agency, who shall be the chair of the
council, as a nonvoting member;
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(5) the commissioner of health as a nonvoting member;
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(6) the commissioner of commerce as a nonvoting member;
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(7) the commissioner of employment and economic development as a nonvoting
member; and
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(8) two legislators from each body appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration and the speaker of the house
as nonvoting members.
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The scientists, business, and environmental health organization members shall have
backgrounds and training in one or more of the following fields: environmental health,
epidemiology, toxicology, occupational health, industrial hygiene, product design, or
manufacturing.
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(b) Each council member shall appoint an alternate. Alternates shall serve in the
absence of the member they replace.
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(c) The voting members shall serve for terms of four years and may be reappointed
by the appointing authority.
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(d) The council shall select a chair from its members.
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(e) The council shall designate liaisons to the council representing medical, research,
and the legal profession.
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(f) The compensation and removal of members shall be governed by Minnesota
Statutes, section 15.059.
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(a) By December 15 of each even-numbered
year, the advisory council shall submit recommendations with respect to legislation related
to the regulation of chemicals or chemical compounds in products manufactured or sold in
Minnesota. A recommendation may not be made by the council unless it is supported by
eight members of the council. By March 15 of each year, the advisory committee shall
report its views upon any pending bill relating to the regulation of chemicals or chemical
compounds in products manufactured or sold in Minnesota to the proper legislative
committee. At the request of the chairs of the senate and house of representatives
committees with jurisdiction over environment or public health, the council shall meet
with the members of the committees to discuss matters of legislative concern.
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(b) The advisory council shall develop a comprehensive framework for promoting
safe and healthy products as required under section 2.
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(a) The council shall meet as frequently as necessary to
carry out its duties and responsibilities. The council may also conduct public hearings
throughout the state as may be necessary to give interested persons an opportunity to
comment and make suggestions on the operation of this chapter.
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(b) The meetings of the council are subject to the state's open meeting law,
Minnesota Statutes, chapter 13D. All votes of the council must be public and recorded.
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(c) At least once a year the council shall hold a joint meeting with the environmental
health tracking and biomonitoring advisory panel to discuss and exchange information
regarding their respective duties and activities.
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The deputy commissioner at the Pollution Control
Agency shall serve as executive director of the council. The executive director shall
provide administrative support and information to the council in order to allow it to
monitor all elements of the system.
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The commissioner of the Pollution Control
Agency shall supply necessary office space, supplies, and staff support to assist the council
and its executive director in their duties.
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(a) The advisory council created under section 1 shall develop a comprehensive and
integrated framework for promotion of chemistry and chemical engineering involved
in the design of products that reduce or eliminate risks to health or the environment
through the reduction in use or generation of hazardous substances while producing safe,
affordable, high-quality products through safe and efficient manufacturing processes.
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(b) No later than January 15, 2010, the advisory council shall report the result of its
evaluation with recommendations for a comprehensive framework for promoting nontoxic
and healthy products to the chairs of the committees with jurisdiction over health policy,
environment and natural resources policy, agriculture policy, commerce, biosciences and
emerging technologies, and business, industry, and jobs.
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(c) The framework and plan shall address: (1) program goals; (2) roles and
responsibilities for relevant governmental agencies; (3) mechanisms for communication
and program integration with governmental agencies and other key stakeholders around
this issue; (4) opportunities for public/private partnerships to promote framework goals;
(5) existing regulatory and nonregulatory mechanisms addressing the safe use and
management of hazardous substances and products and the role of regulation at the state,
federal, and international level; (6) recommendations regarding education and outreach
efforts; (7) recommendations regarding technology transfer of chemistry innovations and
advancement, including identification of barriers and possible strategies for overcoming
real or perceived impediments; (8) methods to promote product design and manufacturing
processes that reduce or eliminate risks to health or the environment; (9) methods for
evaluating the health, safety, and environmental effects of products and their component
chemicals; (10) methods for comparing the health, safety, and environmental effects
of a product and its alternatives and whether alternatives are functionally equivalent,
technically feasible, and economically viable; (11) methods for evaluating the costs and
benefits of changes in product design and manufacturing processes, including effects on
workers, businesses, and consumers; and (12) financial incentives, including, but not
limited to, capital improvements, low interest loans, and tax credits to promote research,
design, engineering, and manufacture of consumer products that protect, support, and
enhance human health, the environment, and economic development.
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(d) No later than January 15, 2012, the advisory council shall report on any
additions, revisions, or modifications it would recommend to the January 15, 2010, report.
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Section 2 expires on June 1, 2013.
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