SF 4062

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 03:56pm

A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying prior appropriations; modifying commissioner's duties;
modifying provisions for easement stewardship accounts; modifying submission
date and frequency on certain reports; modifying requirements to notify of water
pollution; modifying permitting efficiency provisions; modifying eligibility for
small business pollution prevention assistance; providing for grants for stormwater
infrastructure; providing for sale and issuance of state bonds; modifying disposition
of certain payments for assistance; modifying provisions for waste management
assistance; providing for product stewardship for solar photovoltaic modules;
prohibiting lead and cadmium in certain consumer products; requiring reports;
requiring rulemaking; amending Minnesota Statutes 2020, sections 13.7411,
subdivision 4; 103B.103; 115.03, subdivision 1; 115.061; 115.542, subdivisions
3, 4, by adding a subdivision; 115A.03, by adding a subdivision; 115A.49; 115A.51;
115A.54, subdivisions 1, 2, 2a; 115A.565, subdivision 3; 115B.17, subdivision
14; 115B.52, subdivision 4; 116.993, subdivision 2; Minnesota Statutes 2021
Supplement, section 115A.565, subdivision 1; Laws 2021, First Special Session
chapter 6, article 1, section 2; proposing coding for new law in Minnesota Statutes,
chapters 115; 115A; 325E; repealing Minnesota Statutes 2020, sections 325E.389;
325E.3891.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2022, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 3,300,000 new text end

new text begin $ new text end

new text begin 81,746,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Land and Mineral Resources Management new text end

new text begin -0- new text end

new text begin 246,000 new text end

new text begin $246,000 the second year is for utility
licensing. This appropriation is added to the
base and is available through fiscal year 2026.
new text end

new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end

new text begin 3,300,000 new text end

new text begin -0- new text end

new text begin (a) $300,000 the first year is for costs
associated with resolving DNR-confirmed
well interferences that occurred from May 1
to December 30, 2021. This is a onetime
appropriation and is available until June 30,
2024.
new text end

new text begin (b) $3,000,000 the first year is for grants to
municipal, township, and Tribal governments
that operate public water supplies to increase
water efficiency. Sub-awards to residents are
an allowable use of this appropriation. This is
a onetime appropriation and is available until
June 30, 2026.
new text end

new text begin Subd. 4. new text end new text begin Forest Management new text end

new text begin -0- new text end

new text begin 5,500,000 new text end

new text begin $5,500,000 the second year is for technical
assistance and cost-share funding to assist
private woodland owners in managing their
lands for climate mitigation and adaptation.
This is a onetime appropriation and is
available until June 30, 2027.
new text end

new text begin Subd. 5. new text end new text begin Fish and Wildlife new text end

new text begin -0- new text end

new text begin 10,000,000 new text end

new text begin $10,000,000 the second year is to enhance
grasslands and restore wetlands on
state-owned wildlife management areas to
increase carbon sequestration and enhance
climate resiliency. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin Subd. 6. new text end new text begin Climate Change Mitigation and Adaptation new text end

new text begin -0- new text end

new text begin $66,000,000 new text end

new text begin (a) $24,000,000 the second year is for
acquiring new lands under Minnesota Statutes,
chapter 86A, to support recreation and
conservation and climate change mitigation
and adaptation. This is a onetime appropriation
and is available until June 30, 2026.
new text end

new text begin (b) $42,000,000 the second year is for
modernizing and enhancing
department-managed infrastructure, lands, and
waters to mitigate and adapt to climate change.
Of this amount, $10,000,000 is for public
water access sites; $8,000,000 is for state trails
and park roads; $10,000,000 is for hatcheries;
$1,000,000 is for native plant restoration in
state parks; and $13,000,000 is for restoring
streams and replacing culverts and water
control structures. The commissioner may
reallocate across these purposes based on
project readiness and priority. This is a
onetime appropriation and is available until
June 30, 2026.
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

Sec. 3. new text begin BOARD OF WATER AND SOIL RESOURCES. new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 15,720,000 new text end

new text begin (a) $15,000,000 the second year is for water
storage and management projects and practices
to control water volume and rates to protect
infrastructure, improve water quality, and
provide other related public benefits consistent
with Minnesota Statutes, section 103F.05. This
appropriation is available until June 30, 2026.
The base is $167,000 in fiscal year 2024 and
each year thereafter.
new text end

new text begin (b) $125,000 the second year is to accomplish
the objectives of Minnesota Statutes, section
10.65, and related Tribal government
coordination. The base for fiscal year 2024 is
$129,000 and for fiscal year 2025 and each
year thereafter is $133,000.
new text end

new text begin (c) $595,000 the second year is to offset
unreimbursed costs caused by the COVID-19
pandemic. This is a onetime appropriation.
new text end

Sec. 4. new text begin METROPOLITAN COUNCIL. new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 5,000,000 new text end

new text begin $5,000,000 the second year is to develop a
decision-making support toolset to help local
partners quantify the risks of a changing
climate and prioritize strategies that mitigate
those risks. This is a onetime appropriation
and is available until June 30, 2026.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 6, article 1, section 2, is amended to read:

Sec. 2. POLLUTION CONTROL AGENCY

Subdivision 1. Total Appropriation

$

112,420,000

$

deleted text begin 111,818,000 deleted text end new text begin 198,842,000 new text end

Appropriations by Fund
	2022	2023
General	8,339,000	deleted text begin 7,285,000 deleted text end new text begin 88,521,000 new text end
State Government Special Revenue	75,000	75,000
Environmental	89,460,000	deleted text begin 89,912,000 deleted text end new text begin 94,170,000 new text end
Remediation	14,546,000	deleted text begin 14,546,000 deleted text end new text begin 16,076,000 new text end

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

The commissioner must present the agency's
biennial budget for fiscal years 2024 and 2025
to the legislature in a transparent way by
agency division, including the proposed
budget bill and presentations of the budget to
committees and divisions with jurisdiction
over the agency's budget.

Subd. 2. Environmental Analysis and Outcomes

14,962,000

deleted text begin 14,140,000 deleted text end new text begin 69,119,000 new text end

Appropriations by Fund
	2022	2023
General	1,292,000	deleted text begin 224,000 deleted text end new text begin 54,731,000 new text end
Environmental	13,469,000	deleted text begin 13,715,000 deleted text end new text begin 14,181,000 new text end
Remediation	201,000	deleted text begin 201,000 deleted text end new text begin 207,000 new text end

(a) $99,000 the first year and deleted text begin $109,000 deleted text end new text begin
$112,000 new text end the second year are from the general
fund for:

(1) a municipal liaison to assist municipalities
in implementing and participating in the
rulemaking process for water quality standards
and navigating the NPDES/SDS permitting
process;

(2) enhanced economic analysis in the
rulemaking process for water quality
standards, including more-specific analysis
and identification of cost-effective permitting;

(3) developing statewide economic analyses
and templates to reduce the amount of
information and time required for
municipalities to apply for variances from
water quality standards; and

(4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for municipalities to achieve
permit requirements.

(b) $205,000 the first year and deleted text begin $205,000 deleted text end new text begin
$208,000 new text end the second year are from the
environmental fund for a monitoring program
under Minnesota Statutes, section 116.454.

(c) $115,000 the first year and deleted text begin $115,000 deleted text end new text begin
$119,000 new text end the second year are for monitoring
water quality and operating assistance
programs.

(d) $347,000 the first year and deleted text begin $347,000 deleted text end new text begin
$353,000 new text end the second year are from the
environmental fund for monitoring ambient
air for hazardous pollutants.

(e) $90,000 the first year and deleted text begin $90,000 deleted text end new text begin $91,000 new text end
the second year are from the environmental
fund for duties related to harmful chemicals
in children's products under Minnesota
Statutes, sections 116.9401 to 116.9407. Of
this amount, $57,000 each year is transferred
to the commissioner of health.

(f) $109,000 the first year and deleted text begin $109,000 deleted text end new text begin
$112,000 new text end the second year are from the
environmental fund for registering wastewater
laboratories.

(g) $926,000 the first year and deleted text begin $926,000 deleted text end new text begin
$927,000 new text end the second year are from the
environmental fund to continue
perfluorochemical biomonitoring in eastern
metropolitan communities, as recommended
by the Environmental Health Tracking and
Biomonitoring Advisory Panel, and to address
other environmental health risks, including air
quality. The communities must include Hmong
and other immigrant farming communities.
Of this amount, up to $689,000 the first year
and $689,000 the second year are for transfer
to the Department of Health.

(h) $51,000 the first year and deleted text begin $51,000 deleted text end new text begin $53,000 new text end
the second year are from the environmental
fund for the listing procedures for impaired
waters required under this act.

(i) $350,000 the first year is for completing
the St. Louis River mercury total maximum
daily load study. This is a onetime
appropriation new text begin and is available until June 30,
2025 new text end .

(j) $141,000 the first year and $141,000 the
second year are from the environmental fund
to implement and enforce Minnesota Statutes,
section 325F.071. Of this amount, up to
$65,000 each year may be transferred to the
commissioner of health.

(k) $600,000 the first year is to develop and
implement an initiative to reduce sources of
perfluoroalkyl and polyfluoroalkyl substances
(PFAS) in the environment that are eventually
conveyed to municipal wastewater treatment
facilities. In developing and implementing the
initiative, the commissioner must work in
cooperation with the Department of Health
and with an advisory group consisting of one
representative designated by each of the
following: the League of Minnesota Cities;
the Coalition of Greater Minnesota Cities; the
Minnesota Environmental Science and
Economic Review Board; the Minnesota
Municipal Utilities Association; Metropolitan
Council Environmental Services; Minnesota
Association of Small Cities; National Waste
and Recycling Association; Minnesota Rural
Water Association; Association of Minnesota
Counties; Solid Waste Administrators
Association; Partnership on Waste and Energy;
Minnesota Resource Recovery Association;
Minnesota InterCounty Association;
Minnesota Manufacturer's Coalition; and the
Association of Metropolitan Municipalities.
In developing and implementing the municipal
initiative, the commissioner must:

(1) identify sources of PFAS introduced into
the environment that are eventually conveyed
to municipal wastewater treatment facilities
and contained in solid waste that are disposed
at solid waste facilities;

(2) identify source reduction strategies that
can effectively reduce the amount of PFAS
entering the environment that are eventually
conveyed to municipal wastewater treatment
facilities or are disposed at solid waste
facilities;

(3) publish and distribute throughout the state
guidance documents for local governments
that include education materials about
effective strategies to reduce PFAS sources;

(4) identify issues for future study; and

(5) by January 31, 2023, report to the chairs
and ranking minority members of the house
of representatives and senate committees and
divisions with jurisdiction over the
environment and natural resources on the
development and implementation of the
initiative. This is a onetime appropriation.

(l) $104,000 the second year is from the
environmental fund for the purposes of the
perfluoroalkyl and polyfluoroalkyl substances
food packaging provisions under Minnesota
Statutes, section 325F.075. The base for this
appropriation in fiscal year 2024 and later is
$144,000.

(m) $128,000 the first year is for an analysis
of the Green Tier program. This is a onetime
appropriation.

(n) $250,000 the first year and $250,000 the
second year are from the environmental fund
for identifying potential sources of per- and
poly-fluoroalkyl substances contamination.
This is a onetime appropriation.

new text begin (o) $500,000 the second year is to sample and
analyze soil and surface waters across the state
of Minnesota to develop a baseline
understanding of conditions of per- and
poly-fluoroalkyl substances. This is a onetime
appropriation and is available until June 30,
2024.
new text end

new text begin (p) $54,000,000 the second year is to support
local government units and Tribal
governments in planning, designing, and
implementing resiliency projects to withstand
local flooding. Of this amount, $51,600,000
is for grants to local government units and
Tribal governments to upgrade local
infrastructure, critical facilities, and other
assets for protection against localized flooding
and urban heat impacts; and $2,000,000 is for
technical assistance. The commissioner may
contract with an independent third party to
provide the technical assistance. This
appropriation is available until June 30, 2026.
The base for this appropriation in fiscal year
2024 and later is $333,000.
new text end

Subd. 3. Industrial

16,049,000

deleted text begin 16,077,000 deleted text end new text begin 17,341,000 new text end

Appropriations by Fund
	2022	2023
Environmental	15,048,000	deleted text begin 15,076,000 deleted text end new text begin 15,898,000 new text end
Remediation	1,001,000	deleted text begin 1,001,000 deleted text end new text begin 1,443,000 new text end

(a) $1,001,000 the first year and deleted text begin $1,001,000 deleted text end new text begin
$1,443,000 new text end the second year are from the
remediation fund for the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.

(b) $393,000 the first year and deleted text begin $393,000 deleted text end new text begin
$398,000 new text end the second year are from the
environmental fund to further evaluate the use
and reduction of trichloroethylene around
Minnesota and identify its potential health
effects on communities. Of this amount, up to
$121,000 each year may be transferred to the
commissioner of health.

(c) $180,000 the first year and $4,000 the
second year are from the environmental fund
to purchase air emissions monitoring
equipment to support compliance and
enforcement activities.

Subd. 4. Municipal

9,089,000

deleted text begin 9,182,000 deleted text end new text begin 11,661,000 new text end

Appropriations by Fund
	2022	2023
General	177,000	deleted text begin 190,000 deleted text end new text begin 2,370,000 new text end
State Government Special Revenue	75,000	75,000
Environmental	8,837,000	deleted text begin 8,917,000 deleted text end new text begin 9,216,000 new text end

(a) $177,000 the first year and deleted text begin $190,000 deleted text end new text begin
$195,000 new text end the second year are for:

(1) a municipal liaison to assist municipalities
in implementing and participating in the
rulemaking process for water quality standards
and navigating the NPDES/SDS permitting
process;

(2) enhanced economic analysis in the
rulemaking process for water quality
standards, including more-specific analysis
and identification of cost-effective permitting;

(3) developing statewide economic analyses
and templates to reduce the amount of
information and time required for
municipalities to apply for variances from
water quality standards; and

(4) coordinating with the Public Facilities
Authority to identify and advocate for the
resources needed for municipalities to achieve
permit requirements.

(b) $50,000 the first year and $50,000 the
second year are from the environmental fund
for transfer to the Office of Administrative
Hearings to establish sanitary districts.

(c) $952,000 the first year and deleted text begin $952,000 deleted text end new text begin
$977,000 new text end the second year are from the
environmental fund for subsurface sewage
treatment system (SSTS) program
administration and community technical
assistance and education, including grants and
technical assistance to communities for
water-quality protection. Of this amount,
$129,000 each year is for assistance to
counties through grants for SSTS program
administration. A county receiving a grant
from this appropriation must submit the results
achieved with the grant to the commissioner
as part of its annual SSTS report. Any
unexpended balance in the first year does not
cancel but is available in the second year.

(d) $784,000 the first year and deleted text begin $784,000 deleted text end new text begin
$800,000 new text end the second year are from the
environmental fund to address the need for
continued increased activity in new technology
review, technical assistance for local
governments, and enforcement under
Minnesota Statutes, sections 115.55 to 115.58,
and to complete the requirements of Laws
2003, chapter 128, article 1, section 165.

new text begin (e) $2,175,000 the second year is to support
greater Minnesota communities in meeting
new wastewater treatment pollutant limits and
community needs. Of this amount, $1,000,000
is for grants to evaluate options, determine
cost effective solutions, and develop
engineering plans as needed. This is a onetime
appropriation and is available until June 30,
2025.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2023, as
grants or contracts for subsurface sewage
treatment systems, surface water and
groundwater assessments, storm water, and
water-quality protection in this subdivision
are available until June 30, 2026.

Subd. 5. Operations

10,390,000

deleted text begin 10,404,000 deleted text end new text begin 11,801,000 new text end

Appropriations by Fund
	2022	2023
General	2,531,000	2,532,000
Environmental	5,778,000	deleted text begin 5,791,000 deleted text end new text begin 6,848,000 new text end
Remediation	2,081,000	deleted text begin 2,081,000 deleted text end new text begin 2,421,000 new text end

(a) $1,003,000 the first year and deleted text begin $1,003,000 deleted text end new text begin
$1,109,000 new text end the second year are from the
remediation fund for the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.

(b) $2,531,000 the first year and $2,532,000
the second year are to support agency
information technology services provided at
the enterprise and agency level.

(c) $800,000 the first year and deleted text begin $800,000 deleted text end new text begin
$819,000 new text end the second year are from the
environmental fund to develop and maintain
systems to support permitting and regulatory
business processes and agency data.

new text begin (d) $133,000 the second year is from the
remediation fund for staffing to fulfill the
statutory obligations under Minnesota Statutes,
chapter 115E, regarding railroad safety. The
base for this appropriation in fiscal year 2024
and later is $133,000.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end The base for the remediation fund in
fiscal year 2025 is deleted text begin $1,901,000 deleted text end new text begin $2,241,000 new text end .

Subd. 6. Remediation

11,537,000

deleted text begin 11,537,000 deleted text end new text begin 13,290,000 new text end

Appropriations by Fund
	2022	2023
new text begin General new text end	new text begin -0- new text end	new text begin 1,000,000 new text end
Environmental	508,000	deleted text begin 508,000 deleted text end new text begin 526,000 new text end
Remediation	11,029,000	deleted text begin 11,029,000 deleted text end new text begin 11,764,000 new text end

(a) All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture for
purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2), (3),
(6), and (7). At the beginning of each fiscal
year, the two commissioners must jointly
submit to the commissioner of management
and budget an annual spending plan that
maximizes resource use and appropriately
allocates the money between the two
departments. This appropriation is available
until June 30, 2023.

(b) $363,000 the first year and deleted text begin $363,000 deleted text end new text begin
$372,000 new text end the second year are from the
environmental fund to manage contaminated
sediment projects at multiple sites identified
in the St. Louis River remedial action plan to
restore water quality in the St. Louis River
Area of Concern.

(c) $3,198,000 the first year and deleted text begin $3,198,000 deleted text end new text begin
$3,500,000 new text end the second year are from the
remediation fund for the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.

(d) $257,000 the first year and $257,000 the
second year are from the remediation fund for
transfer to the commissioner of health for
private water-supply monitoring and health
assessment costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.

new text begin (e) $1,000,000 the second year is to create a
community-based brownfield grant program.
Of this amount, $1,000,000 is for grants to
complete contamination site investigations
and cleanup planning at brownfield sites in
underserved areas. This is a onetime
appropriation and is available until June 30,
2025.
new text end

Subd. 7. Resource Management and Assistance

39,551,000

deleted text begin 39,586,000 deleted text end new text begin 63,819,000 new text end

Appropriations by Fund
	2022	2023
General	1,299,000	deleted text begin 1,299,000 deleted text end new text begin 24,222,000 new text end
Environmental	38,252,000	deleted text begin 38,287,000 deleted text end new text begin 39,597,000 new text end

(a) Up to $150,000 the first year and $150,000
the second year may be transferred from the
environmental fund to the small business
environmental improvement loan account
under Minnesota Statutes, section 116.993. new text begin
$2,000,000 the second year must be
transferred from the general fund to the small
business environmental improvement loan
account in the environmental fund. All loan
proceeds must be deposited in the
environmental fund according to Minnesota
Statutes, section 116.994. The general fund
transfer is onetime.
new text end

(b) $1,000,000 the first year and $1,000,000
the second year are for competitive recycling
grants under Minnesota Statutes, section
115A.565. Of this amount, $300,000 the first
year and $300,000 the second year are from
the general fund, and $700,000 the first year
and $700,000 the second year are from the
environmental fund. This appropriation is
available until June 30, 2025.

(c) $694,000 the first year and $694,000 the
second year are from the environmental fund
for emission-reduction activities and grants to
small businesses and other
nonpoint-emission-reduction efforts. Of this
amount, $100,000 the first year and $100,000
the second year are to continue work with
Clean Air Minnesota, and the commissioner
may enter into an agreement with
Environmental Initiative to support this effort.

(d) $18,450,000 the first year and $18,450,000
the second year are from the environmental
fund for SCORE block grants to counties.

(e) $119,000 the first year and $119,000 the
second year are from the environmental fund
for environmental assistance grants or loans
under Minnesota Statutes, section 115A.0716.

(f) $400,000 the first year and $400,000 the
second year are from the environmental fund
for grants to develop and expand recycling
markets for Minnesota businesses.

(g) $750,000 the first year and deleted text begin $750,000 deleted text end new text begin
$753,000 new text end the second year are from the
environmental fund for reducing and diverting
food waste, redirecting edible food for
consumption, and removing barriers to
collecting and recovering organic waste. Of
this amount, $500,000 each year is for grants
to increase food rescue and waste prevention.
This appropriation is available until June 30,
2025.

(h) $999,000 the first year and $999,000 the
second year are for the establishment and
implementation of a local government water
infrastructure grant program for local
governmental units and Tribal governments.
The base for this appropriation is $250,000 in
fiscal year 2024 and beyond.

(i) $2,719,000 the first year and deleted text begin $2,719,000 deleted text end new text begin
$2,732,000 new text end the second year are from the
environmental fund for the purposes of
Minnesota Statutes, section 473.844.

new text begin (j) $2,000,000 the second year is to support
efforts to prevent per- and poly-fluoroalkyl
substances (PFAS) contamination. Of this
amount, $1,400,000 is for grants to support
projects designed to prevent PFAS releases to
the environment, identify sources of PFAS,
and implement reduction strategies. This is a
onetime appropriation and is available until
June 30, 2025.
new text end

new text begin (k) $18,923,000 the second year is to establish
a waste prevention and recycling grant and
loan program. Of this amount, $17,725,000 is
for grants and loans for infrastructure
improvement projects related to waste
prevention, recycling, and composting. This
is a onetime appropriation and is available
until June 30, 2025. All loan proceeds must
be deposited in the environmental fund.
new text end

new text begin (l) $74,000 the second year is from the
environmental fund to complete compliance
monitoring and testing for cadmium and lead
in consumer products. The base for this
appropriation in fiscal year 2024 and later is
$74,000.
new text end

new text begin (m) $17,000 the second year is from the
environmental fund to support the expedited
rule process to update the capital assistance
program grant limits and eligibility. This is a
onetime appropriation and is available until
June 30, 2024.
new text end

deleted text begin (j) deleted text end new text begin (n) new text end Any unencumbered grant and loan
balances in the first year do not cancel but are
available for grants and loans in the second
year. Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2023, as
contracts or grants for environmental
assistance awarded under Minnesota Statutes,
section 115A.0716; technical and research
assistance under Minnesota Statutes, section
115A.152; technical assistance under
Minnesota Statutes, section 115A.52; and
pollution prevention assistance under
Minnesota Statutes, section 115D.04, are
available until June 30, 2025.

Subd. 8. Watershed

9,568,000

deleted text begin 9,618,000 deleted text end new text begin 9,906,000 new text end

Appropriations by Fund
	2022	2023
General	1,959,000	1,959,000
Environmental	7,375,000	deleted text begin 7,425,000 deleted text end new text begin 7,706,000 new text end
Remediation	234,000	deleted text begin 234,000 deleted text end new text begin 241,000 new text end

(a) $1,959,000 the first year and $1,959,000
the second year are for grants to delegated
counties to administer the county feedlot
program under Minnesota Statutes, section
116.0711, subdivisions 2 and 3. Money
remaining after the first year is available for
the second year.

(b) $208,000 the first year and deleted text begin $208,000 deleted text end new text begin
$213,000 new text end the second year are from the
environmental fund for the costs of
implementing general operating permits for
feedlots over 1,000 animal units.

(c) $122,000 the first year and deleted text begin $122,000 deleted text end new text begin
$126,000 new text end the second year are from the
remediation fund for the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks and for the petroleum
remediation program for vapor assessment
and remediation. These same annual amounts
are transferred from the petroleum tank fund
to the remediation fund.

Subd. 9. Environmental Quality Board

1,274,000

deleted text begin 1,274,000 deleted text end new text begin 1,905,000 new text end

Appropriations by Fund
	2022	2023
General	1,081,000	deleted text begin 1,081,000 deleted text end new text begin 1,707,000 new text end
Environmental	193,000	deleted text begin 193,000 deleted text end new text begin 198,000 new text end

new text begin $600,000 the second year is to develop tools
and guidance for local governments for
incorporating greenhouse gas emission
assessments for projects undergoing
environmental review. This is a onetime
appropriation and is available until June 30,
2024.
new text end

Subd. 10. Transfers

(a) The commissioner must transfer up to
$25,000,000 the first year and $22,000,000
the second year from the environmental fund
to the remediation fund for purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2. The base for
the transfer in fiscal year 2024 is $19,000,000
and in fiscal year 2025 is $22,000,000.

(b) Beginning in fiscal year 2022, the
commissioner of management and budget must
transfer $100,000 each year from the general
fund to the metropolitan landfill contingency
action trust account in the remediation fund
to restore the money transferred from the
account as intended under Laws 2003, chapter
128, article 1, section 10, paragraph (e), and
Laws 2005, First Special Session chapter 1,
article 3, section 17.

ARTICLE 2

STATUTORY CHANGES

Section 1.

Minnesota Statutes 2020, section 13.7411, subdivision 4, is amended to read:

Subd. 4.

Waste management.

(a) Product stewardship program. 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.
new text begin 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

Sec. 2.

Minnesota Statutes 2020, section 103B.103, is amended to read:

103B.103 EASEMENT STEWARDSHIP ACCOUNTS.

Subdivision 1.

Accounts established; sources.

(a) The water and soil conservation
easement stewardship account and the mitigation easement stewardship account are created
in the special revenue fund. The accounts consist of money credited to the accounts and
interest and other earnings on money in the accounts. The State Board of Investment must
manage the accounts to maximize long-term gain.

(b) Revenue from contributions and money appropriated for any purposes of the account
as described in subdivision 2 must be deposited in the water and soil conservation easement
stewardship account. Revenue from contributions, deleted text begin wetland banking deleted text end new text begin mitigation new text end fees designated
for stewardship purposes by the board, easement stewardship payments authorized under
subdivision 3, and money appropriated for any purposes of the account as described in
subdivision 2 must be deposited in the mitigation easement stewardship account.

Subd. 2.

Appropriation; purposes of accounts.

new text begin (a) new text end Five percent of the balance on July
1 each year in the water and soil conservation easement stewardship account and five percent
of the balance on July 1 each year in the mitigation easement stewardship account are
annually appropriated to the board and may be spent deleted text begin only deleted text end to cover the costs of managing
easements held by the board, including costs associated with new text begin :
new text end

new text begin (1) repairing or replacing structures;
new text end

new text begin (2) new text end monitoring deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end landowner contacts deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end records storage and management deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) new text end processing landowner notices deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end requests for approval or amendments deleted text begin , deleted text end new text begin ;
new text end

new text begin (7) new text end enforcement deleted text begin , deleted text end new text begin ; new text end and

new text begin (8) new text end legal services associated with easement management activities.

new text begin (b) In addition to the amounts appropriated under paragraph (a), up to ten percent of the
balance on July 1 each year in the water and soil conservation easement stewardship account
and up to ten percent of the balance on July 1 each year in the mitigation easement
stewardship account are annually appropriated to the board for emergency repair and
replacement of water control structures when the amount appropriated in paragraph (a) is
insufficient to cover the costs. The board must include a summary of how money appropriated
under this paragraph in the prior two fiscal years was used in the report required under
section 103B.101, subdivision 9, paragraph (a), clause (7).
new text end

Subd. 3.

Financial contributions.

The board shall seek a financial contribution to the
water and soil conservation easement stewardship account for each conservation easement
acquired by the board. The board shall seek a financial contribution or assess an easement
stewardship payment to the mitigation easement stewardship account for each wetland
deleted text begin banking deleted text end new text begin mitigation new text end easement acquired by the board. Unless otherwise provided by law, the
board shall determine the amount of the contribution or payment, which must be an amount
calculated to earn sufficient money to meet the costs of managing the easement at a level
that neither significantly overrecovers nor underrecovers the costs. In determining the
amount of the financial contribution, the board shall consider:

(1) the estimated annual staff hours needed to manage the conservation easement, taking
into consideration factors such as easement type, size, location, and complexity;

(2) the average hourly wages for the class or classes of state and local employees expected
to manage the easement;

(3) the estimated annual travel expenses to manage the easement;

(4) the estimated annual miscellaneous costs to manage the easement, including supplies
and equipment, information technology support, and aerial flyovers;

(5) the estimated annualized costs of legal services, including the cost to enforce the
easement in the event of a violation; deleted text begin and
deleted text end

new text begin (6) the estimated annualized costs for repairing or replacing water control structures;
and
new text end

deleted text begin (6) deleted text end new text begin (7) new text end the expected rate of return on investments in the account.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2020, section 115.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end The deleted text begin agency deleted text end new text begin commissioner new text end is deleted text begin hereby deleted text end given and charged
with the following powers and duties:

deleted text begin (a) deleted text end new text begin (1) new text end to administer and enforce all laws relating to the pollution of any of the waters
of the state;

deleted text begin (b) deleted text end new text begin (2) new text end to investigate the extent, character, and effect of the pollution of the waters of
this state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;

deleted text begin (c) deleted text end new text begin (3) new text end to establish and alter such reasonable pollution standards for any waters of the
state in relation to the public use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the pollution of waters of the state,
chapter 116;

deleted text begin (d) deleted text end new text begin (4) new text end to encourage waste treatment, including advanced waste treatment, instead of
stream low-flow augmentation for dilution purposes to control and prevent pollution;

deleted text begin (e) deleted text end new text begin (5) new text end to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:

deleted text begin (1) deleted text end new text begin (i) new text end requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;

deleted text begin (2) deleted text end new text begin (ii) new text end prohibiting or directing the abatement of any discharge of sewage, industrial
waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any waters of the
state in violation of this chapter and, with respect to the pollution of waters of the state,
chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
specifying the schedule of compliance within which such prohibition or abatement must be
accomplished;

deleted text begin (3) deleted text end new text begin (iii) new text end prohibiting the storage of any liquid or solid substance or other pollutant in a
manner which does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;

deleted text begin (4) deleted text end new text begin (iv) new text end requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;

deleted text begin (5) deleted text end new text begin (v) new text end establishing, and from time to time revising, standards of performance for new
sources taking into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such effluent reduction,
and any nonwater quality environmental impact and energy requirements. Said standards
of performance for new sources shall encompass those standards for the control of the
discharge of pollutants which reflect the greatest degree of effluent reduction which the
agency determines to be achievable through application of the best available demonstrated
control technology, processes, operating methods, or other alternatives, including, where
practicable, a standard permitting no discharge of pollutants. New sources shall encompass
buildings, structures, facilities, or installations from which there is or may be the discharge
of pollutants, the construction of which is commenced after the publication by the agency
of proposed rules prescribing a standard of performance which will be applicable to such
source. Notwithstanding any other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973, and which is so constructed as to
meet all applicable standards of performance for new sources shall, consistent with and
subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water
Pollution Control Act, not be subject to any more stringent standard of performance for new
sources during a ten-year period beginning on the date of completion of such construction
or during the period of depreciation or amortization of such facility for the purposes of
section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period
ends first. Construction shall encompass any placement, assembly, or installation of facilities
or equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;

deleted text begin (6) deleted text end new text begin (vi) new text end establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

deleted text begin (7) deleted text end new text begin (vii) new text end requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;

deleted text begin (8) deleted text end new text begin (viii) new text end notwithstanding any other provision of this chapter, and with respect to the
pollution of waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any applicable
water quality standard by establishing new effluent limitations, based upon section 115.01,
subdivision 13, clause (b), including alternative effluent control strategies for any point
source or group of point sources to insure the integrity of water quality classifications,
whenever the agency determines that discharges of pollutants from such point source or
sources, with the application of effluent limitations required to comply with any standard
of best available technology, would interfere with the attainment or maintenance of the
water quality classification in a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public hearing to
determine the relationship of the economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained and to determine whether
or not such effluent limitation can be implemented with available technology or other
alternative control strategies. If a person affected by such limitation demonstrates at such
hearing that, whether or not such technology or other alternative control strategies are
available, there is no reasonable relationship between the economic and social costs and
the benefits to be obtained, such limitation shall not become effective and shall be adjusted
as it applies to such person;

deleted text begin (9) deleted text end new text begin (ix) new text end modifying, in its discretion, any requirement or limitation based upon best
available technology with respect to any point source for which a permit application is filed
after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory
to the agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and

deleted text begin (10) deleted text end new text begin (x) new text end requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;

deleted text begin (f) deleted text end new text begin (6) new text end to require to be submitted and to approve plans and specifications for disposal
systems or point sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;

deleted text begin (g) deleted text end new text begin (7) new text end to prescribe and alter rules, not inconsistent with law, for the conduct of the
agency and other matters within the scope of the powers granted to and imposed upon it by
this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any person other
than a member or employee of the agency shall be filed with the secretary of state;

deleted text begin (h) deleted text end new text begin (8) new text end to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;

deleted text begin (i) deleted text end new text begin (9) new text end for the purpose of water pollution control planning by the state and pursuant to
the Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;

deleted text begin (j) deleted text end new text begin (10) new text end to train water pollution control personnel deleted text begin , deleted text end and charge deleted text begin such deleted text end new text begin training new text end fees deleted text begin therefor deleted text end
as are necessary to cover the agency's costs. All such fees received deleted text begin shall deleted text end new text begin must new text end be paid into
the state treasury and credited to the Pollution Control Agency training account;

new text begin (11) to provide chloride reduction training and charge training fees as necessary to cover
the agency's costs. All training fees received must be paid into the state treasury and credited
to the Pollution Control Agency training account;
new text end

deleted text begin (k) deleted text end new text begin (12) new text end to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;

deleted text begin (l) deleted text end new text begin (13) new text end to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;

deleted text begin (m) deleted text end new text begin (14) new text end to require each governmental subdivision identified as a permittee for a
wastewater treatment works to evaluate in every odd-numbered year the condition of its
existing system and identify future capital improvements that will be needed to attain or
maintain compliance with a national pollutant discharge elimination system or state disposal
system permit; and

deleted text begin (n) deleted text end new text begin (15) new text end to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees as necessary to pay the agency's costs. All fees received must be paid into
the state treasury and credited to the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.

new text begin (b) new text end The information required in new text begin paragraph (a), new text end clause deleted text begin (m) deleted text end new text begin (14), new text end must be submitted in
every odd-numbered year to the commissioner on a form provided by the commissioner.
The commissioner shall provide technical assistance if requested by the governmental
subdivision.

new text begin (c) new text end The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.

Sec. 4.

Minnesota Statutes 2020, section 115.061, is amended to read:

115.061 DUTY TO NOTIFY; AVOIDING WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency
immediately of the discharge, accidental or otherwise, of any substance or material under
its control which, if not recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
material and take immediately such other action as may be reasonably possible to minimize
or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or
less of petroleum, as defined in section 115C.02, subdivision 10. This paragraph does not
affect the other requirements of paragraph (a).

new text begin (c) Promptly after notifying the agency of a discharge under paragraph (a), a publicly
owned treatment works or a publicly or privately owned domestic sewer system owner must
provide notice to the potentially impacted public and to any downstream drinking water
facility that may be impacted by the discharge. Notice to the public and to any drinking
water facility must be made using the most efficient communications system available to
the facility owner such as in person, phone call, radio, social media, web page, or another
expedited form. In addition, signs in sufficient number to alert the public must be posted at
all impacted public use areas within the same jurisdiction or notice must be provided to the
entity that has jurisdiction over any impacted public use areas. A notice under this paragraph
must include the date and time of the discharge, a description of the material released, a
warning of the potential public health risk, and the permittee's contact information. The
agency must provide guidance that includes but is not limited to methods and protocols for
providing timely notice under this section.
new text end

Sec. 5.

Minnesota Statutes 2020, section 115.542, subdivision 3, is amended to read:

Subd. 3.

new text begin Prepublic review new text end notice requirements.

new text begin Unless waived by the permit applicant
in writing to new text end the commissioner of the Pollution Control Agency new text begin , the commissioner new text end must
provide a permit applicant with a copy of the draft permit and any fact sheets required by
agency rules at least 30 days before the distribution and public notice of the permit application
and preliminary determination.

Sec. 6.

Minnesota Statutes 2020, section 115.542, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Permitting efficiency deleted text end new text begin Public notice requirements new text end .

The commissioner must
prepare and issue a public notice of a completed application and the commissioner's
preliminary determination as to whether the permit should be issued or denied. The public
comment period must be at least 60 days for permit applications under this section deleted text begin .
Notwithstanding section 116.03, it is the goal of the state that tier 2 permits for publicly
owned wastewater treatment facilities be issued or denied within 210 days following
submission of a permit application deleted text end deleted text begin . deleted text end new text begin but may be reduced to 30 days if:
new text end

new text begin (1) the permit application includes proposed construction;
new text end

new text begin (2) the permit applicant makes a request for the reduction in writing to the commissioner;
and
new text end

new text begin (3) the commissioner approves the request after considering the level of public interest
in the permit action.
new text end

Sec. 7.

Minnesota Statutes 2020, section 115.542, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Permitting efficiency. new text end

new text begin Notwithstanding section 116.03, it is the goal of the
state that tier 2 permits for publicly owned wastewater treatment facilities be issued or
denied within 210 days after a permit application is submitted.
new text end

Sec. 8.

new text begin [115.85] STORMWATER INFRASTRUCTURE GRANT.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds that:
new text end

new text begin (1) enhanced stormwater infrastructure is needed to properly manage stormwater from
frequent, heavy rain and other weather events that have increased community flooding due
to aging and undersized stormwater systems;
new text end

new text begin (2) managing stormwater also protects state natural resources and the health, safety, and
welfare of its citizens;
new text end

new text begin (3) opportunities to upgrade stormwater infrastructure are not being fully realized by
individual political subdivisions or by agreements among subdivisions; and
new text end

new text begin (4) it is therefore necessary to provide capital assistance to allow for planning and
installing stormwater infrastructure that can manage increases in precipitation and other
causes of runoff.
new text end

new text begin Subd. 2. new text end

new text begin Stormwater infrastructure grant program. new text end

new text begin (a) The commissioner of the
Pollution Control Agency must provide financial assistance to local governmental units for
developing and improving stormwater infrastructure from revenues derived from the issuance
of bonds authorized under section 115.851. The commissioner may provide financial
assistance to Tribal governments for developing and improving stormwater infrastructure
from nonbonding funding sources as those sources are available.
new text end

new text begin (b) To be eligible for financial assistance under this section, a stormwater infrastructure
project must:
new text end

new text begin (1) increase system capacity or stormwater storage;
new text end

new text begin (2) address environmental damage caused by weather extremes;
new text end

new text begin (3) prevent localized flooding;
new text end

new text begin (4) create stormwater systems that can manage flows from heavy rains;
new text end

new text begin (5) address public safety concerns caused by undersized stormwater systems; or
new text end

new text begin (6) ensure continuation of critical services during severe weather.
new text end

new text begin (c) Money appropriated for the purposes of this section must be distributed as grants. A
Tribal or local governmental unit may receive grants for no more than 80 percent of the
capital cost of a project. The maximum grant award must not exceed $5,000,000 per project.
new text end

new text begin Subd. 3. new text end

new text begin Grant application. new text end

new text begin Application for a grant under this section must be made in
a form prescribed by the commissioner of the Pollution Control Agency and must include
a project schedule, a cost estimate for the project, and any other information determined by
the commissioner to be necessary to review the project according to subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Review requirements. new text end

new text begin (a) The commissioner of the Pollution Control Agency
must review applications and may make a grant for a project only after:
new text end

new text begin (1) the commissioner reviews the plans and specifications;
new text end

new text begin (2) the applicant submits the as-bid cost for the stormwater infrastructure project;
new text end

new text begin (3) the commissioner determines that the project is grant eligible;
new text end

new text begin (4) the commissioner determines that any additional financing necessary to complete
the project has been committed from other sources; and
new text end

new text begin (5) other relevant criteria or prioritization as determined by the commissioner has been
met.
new text end

new text begin (b) The commissioner must not disburse a grant to a recipient until the commissioner
determines the total estimated capital cost of the project and ascertains that financing the
cost is assured by a combination of funds provided by the state, by an agency of the federal
government within the amount of funds then appropriated to that agency and allocated by
it to projects within the state, by any person, or by the appropriation of proceeds of bonds
or other funds of the recipient to a fund for constructing the project.
new text end

new text begin Subd. 5. new text end

new text begin Recipient obligations. new text end

new text begin (a) The commissioner of the Pollution Control Agency
must not disburse a project grant until the recipient makes an irrevocable undertaking, by
resolution, to use all funds made available exclusively for the capital cost of the stormwater
infrastructure project.
new text end

new text begin (b) A resolution under paragraph (a) must also indicate that any subsequent withdrawal
of allocated or additional funds of the recipient will impair the obligation of contract between
the state of Minnesota, the recipient, and the bondholders.
new text end

new text begin Subd. 6. new text end

new text begin Disbursement. new text end

new text begin Disbursement of a grant must be made for eligible project costs
as incurred by the governmental unit and in accordance with applicable state and federal
laws and rules governing the payments.
new text end

new text begin Subd. 7. new text end

new text begin Terminating obligations; good faith effort. new text end

new text begin Notwithstanding section 16A.695,
the commissioner of the Pollution Control Agency may terminate the obligations of a grant
recipient under this section if the commissioner finds that the recipient has made a good
faith effort to exhaust all options in trying to comply with the terms and conditions of the
grant. In lieu of declaring a default on a grant under this section, the commissioner may
identify additional measures a recipient should take to meet the good faith test required for
terminating the recipient's obligations under this section.
new text end

Sec. 9.

new text begin [115.851] STATE STORMWATER INFRASTRUCTURE BONDS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to issue bonds. new text end

new text begin The commissioner of management and budget
must sell bonds of the state of Minnesota for the prompt and full payment of which, together
with interest, the full faith, credit, and taxing powers of the state are irrevocably pledged.
Bonds must be sold only upon request of the commissioner of the Pollution Control Agency
and in the amount as may otherwise be authorized by this section or subsequently enacted
law that authorizes the sale of additional bonds and the deposit of the proceeds in a
stormwater infrastructure account in the bond proceeds fund. Any authorized amount of
bonds in this section or subsequently enacted law authorizing the issuance of bonds for the
purposes of the stormwater infrastructure account, together with this section, constitute
complete authority for the issue. The bonds are not subject to restrictions or limitations
contained in any other law.
new text end

new text begin Subd. 2. new text end

new text begin Issuing bonds. new text end

new text begin Upon request by the commissioner of the Pollution Control
Agency and upon authorization as provided in subdivision 1, the commissioner of
management and budget must sell Minnesota state stormwater infrastructure bonds. The
bonds must be in the aggregate amount requested and sold upon sealed bids and upon such
notice, at such price, in the form and denominations, bearing interest at the rate or rates,
maturing in the amounts and on the dates (with or without option of prepayment upon notice
and at specified times and prices), payable at a bank or banks within or outside the state
(with provisions, if any, for registration, conversion, and exchange and for the issuance of
temporary bonds or notes in anticipation of the sale or delivery of definitive bonds), and in
accordance with further provisions as the commissioner of management and budget
determines, subject to the approval of the attorney general, but not subject to chapter 14,
including section 14.386. The bonds must be executed by the commissioner of management
and budget under official seal. The signature on the bonds and any interest coupons and the
seal may be printed, lithographed, engraved, stamped, or otherwise reproduced thereon,
except that each bond must be authenticated by the manual signature on its face of the
commissioner of management and budget or of an authorized representative of a bank
designated by the commissioner of management and budget as registrar or other
authenticating agent. The commissioner of management and budget must ascertain and
certify to the purchasers of the bonds the performance and existence of all acts, conditions,
and things necessary to make the bonds valid and binding general obligations of the state
of Minnesota, subject to the approval of the attorney general.
new text end

new text begin Subd. 3. new text end

new text begin Expenses. new text end

new text begin All expenses incidental to the sale, printing, execution, and delivery
of bonds pursuant to this section, including but not limited to actual and necessary travel
and subsistence expenses of state officers and employees for these purposes, and any expenses
of litigation relating to the validity of the bonds must be paid from the stormwater
infrastructure account, and the amounts necessary are appropriated from that account.
new text end

new text begin Subd. 4. new text end

new text begin Debt service account. new text end

new text begin The commissioner of management and budget must
maintain in the state bond fund a separate account to be called the state stormwater
infrastructure debt service account. The commissioner must record receipts of premium and
accrued interest project revenue or other money transferred to the fund and income from
the investment of the money and record any disbursements to pay the principal and interest
on stormwater infrastructure bonds. Income from investment must be credited to the account
each fiscal year. The amount credited must be equal to the average return that year on all
funds invested by the commissioner of management and budget, as determined by the
commissioner of management and budget, times the average balance in the account that
year.
new text end

new text begin Subd. 5. new text end

new text begin Debt service account; paying debt service. new text end

new text begin The premium and accrued interest
received on each issue of stormwater infrastructure bonds, and all payments received in
repayment of loans and other revenues received, are appropriated to the state stormwater
infrastructure debt service account. All income from the investment of the stormwater
infrastructure account in the bond proceeds fund is appropriated to the debt service account.
To reduce the amount of taxes otherwise required to be levied, there is also appropriated to
the debt service account from any funds available in the general fund on November 1 in
each year, a sum of money sufficient in amount, when added to the balance then on hand,
to pay all principal and interest on stormwater infrastructure bonds due and to become due
before July 1 in the second ensuing year. So much of the debt service account as is necessary
to pay principal and interest on stormwater infrastructure bonds is annually appropriated
from the debt service account for the payment of principal and interest of the stormwater
infrastructure bonds. All funds appropriated under this subdivision must be available in the
debt service account prior to any levy of the tax in any year required by the Minnesota
Constitution, article XI, section 7.
new text end

new text begin Subd. 6. new text end

new text begin Security. new text end

new text begin On or before December 1 in each year, the state auditor must levy
on all taxable property within the state whatever tax may be necessary to produce an amount
sufficient, with all money currently credited to the debt service account, to pay the entire
amount of principal and interest currently due and the principal and interest to become due
before July 1 in the second year thereafter on stormwater infrastructure bonds. This tax is
subject to no limitation of rate or amount until all the bonds and interest thereon are fully
paid. The proceeds of this tax are appropriated to the debt service account. The principal
of and interest on the bonds are payable from the proceeds of this tax.
new text end

Sec. 10.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 22c. new text end

new text begin Overburdened area. new text end

new text begin "Overburdened area" means one or more census tracts
in the state:
new text end

new text begin (1) in which, based on the most recent data published by the United States Census Bureau:
new text end

new text begin (i) 40 percent or more of the population is nonwhite;
new text end

new text begin (ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end

new text begin (iii) 40 percent or more of the population over the age of five have limited English
proficiency; or
new text end

new text begin (2) that is in Indian Country, as defined in United States Code, title 18, section 1151.
new text end

Sec. 11.

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

new text begin (i) identifies a solar photovoltaic module, rather than the solar photovoltaic module's
components; and
new text end

new text begin (ii) attributes the solar photovoltaic module to the owner or licensee of the name, symbol,
word, or mark as the manufacturer;
new text end

new text begin (2) "consumer electronic device" means a device that contains an electronic circuit board
and is intended for everyday use by individuals, such as a watch or calculator;
new text end

new text begin (3) "discarded solar photovoltaic module" means a solar photovoltaic module that was
used and removed from service in the state and is no longer used for its manufactured
purpose;
new text end

new text begin (4) "distributor" means a person that markets and sells solar photovoltaic modules to
retailers or consumers in the state;
new text end

new text begin (5) "independent auditor" means a professional accounting firm qualified to conduct the
audit under subdivision 4, paragraph (e);
new text end

new text begin (6) "installation component" means material used to install and hold solar photovoltaic
modules in place or collect energy from the modules, such as bracketing, wiring, inverters,
or batteries;
new text end

new text begin (7) "installer" means a person that assembles, installs, or maintains solar photovoltaic
modules as part of a solar energy system;
new text end

new text begin (8) "manufacturer" means a person and the person's successor in interest that, irrespective
of the selling technique used:
new text end

new text begin (i) manufactures or has manufactured a solar photovoltaic module under its own brand
for use or sale in the state;
new text end

new text begin (ii) assembles or has assembled a solar photovoltaic module that uses parts manufactured
by others for use or sale in the state under the assembler's brand;
new text end

new text begin (iii) resells or has resold in the state under its own brand a solar photovoltaic module
produced by other suppliers, including a person that sells solar photovoltaic modules under
the person's own brand;
new text end

new text begin (iv) manufactures or has manufactured a cobranded solar photovoltaic module for use
or sale in the state that carries the name of both the manufacturer and the brand owner;
new text end

new text begin (v) imports or has imported a solar photovoltaic module into the United States that is
used or sold in the state, except that if the imported solar photovoltaic module is manufactured
by a person that has a presence in the United States and meets the definition of a manufacturer
under this clause, then that person is the manufacturer of the solar photovoltaic module;
new text end

new text begin (vi) sells a solar photovoltaic module acquired from an importer that is the manufacturer
and elects to register as the manufacturer for that product; or
new text end

new text begin (vii) elects to assume the responsibility and register in lieu of a manufacturer of a solar
photovoltaic module new text end new text begin ;
new text end

new text begin (9) "retailer" means a person that offers a solar photovoltaic module for sale at retail in
the state;
new text end

new text begin (10) "reuse" means using a discarded solar photovoltaic module or an installation
component again for its manufactured purpose;
new text end

new text begin (11) "sale" or "sell" means a transfer of title to a solar photovoltaic module for
consideration, including:
new text end

new text begin (i) a transfer conducted remotely or in person;
new text end

new text begin (ii) a transfer conducted electronically;
new text end

new text begin (iii) a transfer conducted through a sales outlet, catalog, or website or by using any other
selling technique; and
new text end

new text begin (iv) a lease through which a solar photovoltaic module is provided to a consumer by a
manufacturer, distributor, retailer, or other seller;
new text end

new text begin (12) "solar photovoltaic module" means the smallest nondivisible, environmentally
protected assembly of photovoltaic cells or other photovoltaic collector technology and
ancillary parts intended to generate electrical power under sunlight, except that solar
photovoltaic module does not include a photovoltaic cell that is part of a consumer electronic
device for which it provides electricity needed to make the consumer electronic device
function. Solar photovoltaic module includes but is not limited to interconnections, terminals,
and protective devices such as diodes that:
new text end

new text begin (i) are installed on, connected to, or integral with buildings;
new text end

new text begin (ii) are used as components of freestanding, off-grid power generation systems, such as
for powering water pumping stations, electric-vehicle charging stations, fencing, street and
sign lights, and other commercial or agricultural purposes; or
new text end

new text begin (iii) are part of a system connected to the electrical grid or utility service;
new text end

new text begin (13) "stewardship assessment" means the amount added by the manufacturer to the
purchase price of each solar photovoltaic module sold in the state that is established according
to subdivision 4;
new text end

new text begin (14) "stewardship assessment account" means an account established for purposes of
this section in a bank chartered in the state;
new text end

new text begin (15) "stewardship organization" means an organization that is:
new text end

new text begin (i) appointed by manufacturers to act as an agent on behalf of the manufacturers to
design, submit, and administer a product stewardship program according to an approved
plan under this section; and
new text end

new text begin (ii) organized as a nonprofit organization exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1986; and
new text end

new text begin (16) "stewardship plan" or "plan" means a detailed plan describing the manner in which
a product stewardship program under subdivision 2 is implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship organization. new text end

new text begin Manufacturers must establish a stewardship
organization to implement and finance a statewide product stewardship program that:
new text end

new text begin (1) manages discarded solar photovoltaic modules and installation components by:
new text end

new text begin (i) reducing waste generation;
new text end

new text begin (ii) promoting reuse and recycling;
new text end

new text begin (iii) providing consumer education; and
new text end

new text begin (iv) negotiating and executing agreements to collect, store, transport, reuse, and recycle
the discarded solar photovoltaic modules and installation components; and
new text end

new text begin (2) otherwise fulfills the requirements of this section.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin Effective on the implementation date established by
the commissioner according to subdivision 5, no manufacturer or other person may sell or
offer for sale in the state a solar photovoltaic module, unless:
new text end

new text begin (1) the manufacturer of the solar photovoltaic module has entered into an agreement
with the stewardship organization;
new text end

new text begin (2) the stewardship organization operates a product stewardship program according to
a stewardship plan that has been approved by the commissioner; and
new text end

new text begin (3) the full amount of the stewardship assessment is included in the purchase price of
each solar photovoltaic module according to subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Stewardship assessment. new text end

new text begin (a) By ....., the stewardship organization must establish
and impose an initial stewardship assessment that is projected to meet the requirements of
paragraph (c) and is approved according to paragraph (e).
new text end

new text begin (b) After the initial stewardship assessment is established, the stewardship organization
must propose an updated stewardship assessment concurrent with each plan update and at
any other time if necessary to meet the requirements of paragraph (c).
new text end

new text begin (c) The stewardship organization must not set the stewardship assessment as a percentage
of the purchase price. The stewardship assessment must be reasonable to achieve the
requirements of this section and cover but not exceed the costs of:
new text end

new text begin (1) developing the stewardship plan according to subdivisions 5 and 6;
new text end

new text begin (2) operating and administering the product stewardship program according to an
approved stewardship plan and the requirements of this section; and
new text end

new text begin (3) maintaining a financial reserve sufficient to operate the program over the five-year
plan cycle in a fiscally prudent and responsible manner, but not to exceed 75 percent of the
annual average expenses budgeted for the five-year plan cycle.
new text end

new text begin (d) The stewardship organization may set different stewardship assessment levels to
accommodate rated power output, physical dimensions, operating type of the solar
photovoltaic module, or other categories relevant to the program.
new text end

new text begin (e) A proposed stewardship assessment must be established according to the following
procedure:
new text end

new text begin (1) The stewardship organization must select an independent auditor to review the
proposed stewardship assessment. The commissioner must approve or reject the selected
independent auditor. If the commissioner rejects the selected independent auditor, the
stewardship organization must select a different independent auditor for approval or rejection
by the commissioner.
new text end

new text begin (2) Within 60 days after the stewardship organization proposes a stewardship assessment,
the approved auditor must provide the stewardship organization and the commissioner with
a written auditor's report describing whether the proposed stewardship assessment does or
does not meet the requirements of paragraph (c).
new text end

new text begin (3) If the auditor concludes that the proposed stewardship assessment does not meet the
requirements of paragraph (c), the stewardship organization must submit a revised
stewardship assessment according to the procedure in this paragraph within 60 days after
receiving the auditor's report.
new text end

new text begin (4) If the auditor concludes that the proposed stewardship assessment meets the
requirements of paragraph (c), the commissioner must solicit public comments on the
proposed stewardship assessment and auditor's report in a manner determined by the
commissioner.
new text end

new text begin (5) The commissioner must, after reviewing the auditor's report and any public comments,
approve or reject the proposed stewardship assessment.
new text end

new text begin (6) If the commissioner rejects a proposed stewardship assessment, the stewardship
organization must submit a revised stewardship assessment according to the procedure in
this paragraph within 60 days after receiving notice of the rejection. If the commissioner
rejects a stewardship assessment that was revised according to this clause, the commissioner
must modify the stewardship assessment to comply with paragraph (c) and then approve
the assessment.
new text end

new text begin (7) A proposed stewardship assessment goes into effect when it is approved by the
commissioner.
new text end

new text begin (8) The cost of any work performed by the auditor under this paragraph must be covered
by the stewardship assessment.
new text end

new text begin (f) On and after the implementation date of a product stewardship program under this
section, a manufacturer of solar photovoltaic modules must add the stewardship assessment,
as approved by the commissioner, to the cost of each solar photovoltaic module sold in the
state and must remit stewardship assessments to the stewardship organization. The
stewardship organization must determine the procedures necessary to collect the stewardship
assessment in a fair, efficient, and lawful manner.
new text end

new text begin Subd. 5. new text end

new text begin Stewardship plan procedure. new text end

new text begin (a) By ....., and every five years thereafter, the
stewardship organization must submit to the commissioner a proposed stewardship plan for
review and approval according to this subdivision.
new text end

new text begin (b) When developing a stewardship plan, the stewardship organization must consult
with stakeholders, including distributors, retailers, installers, owners, collectors, persons
engaged in reuse activities, recyclers, and local government.
new text end

new text begin (c) Within 120 days after receiving a proposed stewardship plan or five-year update to
a stewardship plan, the commissioner must determine whether the plan complies with this
section. Before approving or rejecting the plan or a proposed change to an approved plan,
the commissioner must solicit public comments on the plan in a manner determined by the
commissioner. If the commissioner approves a plan or a proposed change to an approved
plan, the commissioner must notify the stewardship organization in writing of the approval
and the date on which the stewardship organization must implement the plan, which must
be no later than 90 days after written notice of the approval. If the commissioner rejects a
stewardship plan or a proposed change to an approved plan, the commissioner must notify
the stewardship organization in writing of the reasons for the rejection.
new text end

new text begin (d) If the commissioner rejects a proposed stewardship plan, the stewardship organization
must submit a revised plan to the commissioner within 60 days after receiving notice of
rejection. If the commissioner rejects a stewardship plan that was revised according to this
paragraph, the commissioner must modify the plan to make it comply with this section and
then approve the plan.
new text end

new text begin (e) The stewardship organization must submit any proposed change to an approved plan
to the commissioner for review and approval according to this subdivision.
new text end

new text begin (f) An approved plan remains in effect until a new plan is approved.
new text end

new text begin Subd. 6. 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 and properly manage
all discarded solar photovoltaic modules and installation components, regardless of type,
manufacturer, or constituent components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of all
member manufacturers, a contact individual for each member manufacturer 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 proposed to collect and transport discarded solar
photovoltaic modules and installation components in all areas in the state;
new text end

new text begin (4) an explanation of how the collection system is designed to be convenient and adequate
to serve the needs of the solar industry, installers, owners of solar photovoltaic module
installations, and other persons removing solar photovoltaic modules from service in both
urban and rural areas;
new text end

new text begin (5) a description of the techniques to be used to monitor and maintain the convenience
and adequacy of the collection system in all areas of the state where the solar photovoltaic
modules are used;
new text end

new text begin (6) the names and locations of collectors, transporters, and recyclers that will manage
discarded solar photovoltaic modules and installation components and a description of how
the stewardship organization will work with existing collectors, transporters, and recyclers
involved in managing discarded solar photovoltaic modules generated in the state;
new text end

new text begin (7) a description of how discarded solar photovoltaic modules, components of solar
photovoltaic modules, and installation components will be safely and securely transported;
new text end

new text begin (8) a description of how the program will track solar photovoltaic modules and installation
components sold in and used in the state and ensure they are properly managed and handled
from collection through reuse or recycling;
new text end

new text begin (9) a description of how solar photovoltaic modules and installation components will
be labeled to identify manufacturer, design, and materials information relevant to reuse and
recycling of discarded solar photovoltaic modules and installation components, such as
identifying the potential presence of perfluoroalkyl and polyfluoroalkyl substances or lead;
new text end

new text begin (10) a description of the methods to be used to dismantle and manage discarded solar
photovoltaic modules and installation components to ensure that, to the extent feasible, the
solar photovoltaic modules and installation components are reused or recycled;
new text end

new text begin (11) a description of the method to be used to evaluate discarded solar photovoltaic
modules and market them for reuse and the names and locations of persons that will carry
out these activities for the product stewardship program;
new text end

new text begin (12) a description of the promotion and outreach activities to be used to encourage
participation in the collection, reuse, and recycling program, including measures to evaluate
the activities' effectiveness and whether the program requires modification;
new text end

new text begin (13) a description of incentives or differential assessments and how they can be
implemented for solar photovoltaic modules and installation components that are recyclable
or less toxic, that are sold for reuse in the state, or that have manufacturer-based take-back
options;
new text end

new text begin (14) an explanation of how the stewardship organization will manage a reserve of the
stewardship assessment account according to subdivisions 4 and 7;
new text end

new text begin (15) evidence of adequate insurance and financial assurance that are required for
collection, storage, transportation, reuse, recycling, and disposal operations;
new text end

new text begin (16) five-year performance goals for reuse and recycling, averaging not less than 85
percent, based on estimates of both the percentage and amount of discarded solar photovoltaic
modules to be collected and reused or recycled during each of the first five years of the
stewardship plan. The performance goals must state the methodology used to determine the
goals and 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 discarded solar photovoltaic modules annually
removed from service; and
new text end

new text begin (iii) actual collection data from other existing stewardship programs;
new text end

new text begin (17) five-year performance goals, averaging not less than 85 percent, for the collection
and reuse or recycling of installation components; and
new text end

new text begin (18) a discussion regarding the status of end markets for discarded solar photovoltaic
modules collected and what, if any, additional end markets are needed to improve the
program's function.
new text end

new text begin Subd. 7. new text end

new text begin Stewardship assessment account new text end new text begin . new text end

new text begin (a) With respect to the stewardship
assessment account, the stewardship organization must:
new text end

new text begin (1) hire an independent auditor to annually review and verify the accuracy of the amount
of stewardship assessments remitted to the stewardship organization by manufacturers
according to subdivision 4. The accounting firm must prepare and submit to the commissioner
a report detailing its findings;
new text end

new text begin (2) deposit all stewardship assessment revenue received according to subdivision 4 in
the stewardship assessment account;
new text end

new text begin (3) pay an annual administrative fee according to subdivision 15 from the stewardship
assessment account;
new text end

new text begin (4) upon repeal of this section, remit the balance of the stewardship assessment account
to the commissioner for deposit in the environmental fund established under section 16A.531;
and
new text end

new text begin (5) authorize other expenditures from the stewardship assessment account to carry out
the stewardship plan and fulfill the program requirements of this section.
new text end

new text begin (b) Stewardship assessment funds must not be used to pay for lobbying or for any
litigation arising from or penalties assessed under this section.
new text end

new text begin Subd. 8. new text end

new text begin Stewardship organization responsibilities. new text end

new text begin (a) The stewardship organization
must provide consumers with educational materials regarding the stewardship assessment
and product stewardship program in cooperation with the member manufacturers. The
materials must include but are not limited to information:
new text end

new text begin (1) regarding available end-of-life management options offered through the product
stewardship program for discarded solar photovoltaic modules and installation components;
and
new text end

new text begin (2) notifying consumers that a stewardship assessment for operating the product
stewardship program is included in the purchase price of each solar photovoltaic module
sold in the state.
new text end

new text begin (b) The stewardship organization must conduct and document due diligence assessments
of persons contracted for collection, storage, transportation, reuse, and recycling, including
an assessment of items specified under subdivision 9. The stewardship organization must
maintain documentation for three years that all discarded solar photovoltaic modules and
installation components reused, recycled, or sent to downstream recycling operations comply
with subdivision 9.
new text end

new text begin (c) The stewardship organization must provide the commissioner with contact information
for each member manufacturer and an individual who can be contacted regarding the
stewardship organization's activities under this section as provided in subdivision 6, clause
(2).
new text end

new text begin (d) The stewardship organization is responsible for all costs of the product stewardship
program implemented under this section including but not limited to administration; consumer
education; onetime facility modifications; and collection, storage, transportation, reuse, and
recycling of discarded solar photovoltaic modules and installation components.
new text end

new text begin Subd. 9. new text end

new text begin Recycler responsibilities new text end new text begin . new text end

new text begin Beginning ....., and each ..... thereafter, a recycler
must certify to the commissioner that recycling facilities for discarded solar photovoltaic
modules and installation components, including all downstream recycling operations:
new text end

new text begin (1) comply with 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 discarded solar photovoltaic modules and installation
components; 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. 10. new text end

new text begin Seller responsibilities. new text end

new text begin (a) Effective 30 days after the implementation date
established according to subdivision 5, a person is prohibited from selling a solar photovoltaic
module in the state unless the solar photovoltaic module's manufacturer is participating in
an approved stewardship plan according to subdivision 3.
new text end

new text begin (b) Any person selling a solar photovoltaic module may choose to participate as a
designated collection site according to a product stewardship program under this section,
subject to applicable law.
new text end

new text begin (c) A person selling a solar photovoltaic module does not violate this subdivision if, on
the date a solar photovoltaic module sold by that person was ordered from the manufacturer
or its agent, the manufacturer was listed as compliant on the agency website under subdivision
13.
new text end

new text begin Subd. 11. new text end

new text begin Stewardship reports. new text end

new text begin Beginning ....., and each ..... thereafter, the stewardship
organization must submit a 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, store, transport, reuse, and recycle
discarded solar photovoltaic modules and installation components in all regions of the state;
new text end

new text begin (2) the number and weight of all discarded solar photovoltaic modules collected and the
number and weight of all discarded solar photovoltaic modules reused and recycled during
the previous calendar year in all regions of the state and a comparison to the performance
goals and reuse and recycling rates contained in the stewardship plan;
new text end

new text begin (3) the number and weight of all discarded installation components collected and the
number and weight of all discarded installation components reused and recycled during the
previous calendar year in all regions of the state and a comparison to the performance goals
and reuse and recycling rates contained in the stewardship plan;
new text end

new text begin (4) samples of educational materials provided to consumers, an evaluation of the
effectiveness of the materials, and an evaluation of the methods used to disseminate the
materials; and
new text end

new text begin (5) an independent financial audit of the product stewardship program.
new text end

new text begin Subd. 12. new text end

new text begin Conduct authorized. new text end

new text begin The stewardship organization and its member
manufacturers are immune from liability for conduct under state laws relating to antitrust,
restraint of trade, unfair trade practices, and other regulation of trade or commerce. Liability
immunity under this subdivision is limited to conduct necessary to plan and implement the
stewardship organization's chosen organized collection system, reuse system, or recycling
system.
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 provide on the agency
website:
new text end

new text begin (1) a list of all compliant manufacturers and brands participating in the approved
stewardship plan; and
new text end

new text begin (2) a copy of the approved stewardship plan.
new text end

new text begin Subd. 14. new text end

new text begin Local government responsibilities. new text end

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

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

new text begin Subd. 15. new text end

new text begin Administrative fee new text end new text begin . new text end

new text begin (a) The stewardship organization submitting a stewardship
plan under this section must pay an annual administrative fee to the commissioner on or
before ....., and annually thereafter.
new text end

new text begin (b) By ....., and by ..... annually thereafter, the commissioner must identify the costs that
the agency incurs under this section. The commissioner must set the administrative fee at
an amount that is adequate to reimburse the agency's full costs of administering this section.
The total 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) All fees received under this subdivision must be deposited to the state treasury and
credited to a product stewardship account in the environmental fund. For fiscal years .....
and....., the amount collected under this subdivision is annually appropriated to the
commissioner to implement and enforce this section.
new text end

new text begin Subd. 16. new text end

new text begin Prohibition. new text end

new text begin The stewardship organization is responsible for covering all
program costs through the stewardship assessment and must not charge any fees to implement
the program according to the stewardship plan. No person participating in the program may
charge an end-of-life fee to the last person owning or holding the solar photovoltaic modules
or installation components for services provided.
new text end

new text begin Subd. 17. new text end

new text begin Duty to provide information. new text end

new text begin Upon request of the commissioner for purposes
of determining compliance with this section, a manufacturer, distributor, retailer, stewardship
organization, or other person must furnish to the commissioner any information that the
person has or may reasonably obtain.
new text end

new text begin Subd. 18. 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 nonpublic or private
data under section 13.37.
new text end

new text begin Subd. 19. new text end

new text begin Report to legislature and governor new text end new text begin . new text end

new text begin As part of the report required under
section 115A.121, the commissioner must provide a report to the governor and the legislature
on the implementation of this section.
new text end

new text begin Subd. 20. new text end

new text begin Disposal prohibition new text end new text begin . new text end

new text begin A person must not:
new text end

new text begin (1) place a solar photovoltaic module or installation components in mixed municipal
solid waste; or
new text end

new text begin (2) dispose of a solar photovoltaic module or installation components in or on the land
or in a solid waste processing or disposal facility.
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

Sec. 12.

Minnesota Statutes 2020, section 115A.49, is amended to read:

115A.49 deleted text begin SOLID deleted text end WASTE MANAGEMENT deleted text begin PROJECTS deleted text end new text begin CAPITAL ASSISTANCE
PROGRAM new text end .

new text begin (a) new text end There is established a program to encourage and assist cities, counties, solid waste
management districts, and sanitary districts in the development and implementation of solid
waste management projects and to transfer the knowledge and experience gained from such
projects to other communities in the state.

new text begin (b) new text end The program must be administered to encourage local communities to develop
feasible and prudent alternatives to disposal, including new text begin :
new text end

new text begin (1) new text end waste reduction;

new text begin (2) reuse;
new text end

new text begin (3) recycling;
new text end

new text begin (4) composting source-separated compostable materials or yard waste;
new text end

new text begin (5) resource recovery;
new text end

new text begin (6) new text end waste separation by generators, collectors, and other persons; and

new text begin (7) new text end waste processing.

new text begin (c) new text end The commissioner shall administer the program deleted text begin in accordance with the requirements
of deleted text end new text begin according to new text end sections 115A.49 to 115A.54 and rules deleted text begin promulgated deleted text end new text begin adopted new text end under chapter
14. In administering the program, the commissioner shall give priority to projects in the
order of preference of the waste management practices listed in section 115A.02. The
commissioner shall give special consideration to areas where natural geologic and soil
conditions are especially unsuitable for land disposal of solid waste; areas where the capacity
of existing solid waste disposal facilities is determined by the commissioner to be less than
five years; and projects serving more than one local government unit.

Sec. 13.

Minnesota Statutes 2020, section 115A.51, is amended to read:

115A.51 APPLICATION REQUIREMENTS.

(a) Applications for assistance under the program must demonstrate:

(1) that the project is conceptually and technically feasible;

(2) that affected political subdivisions are committed to implement the project, to provide
necessary local financing, and to accept and exercise the government powers necessary to
the project;

(3) that operating revenues from the project, considering the availability and security of
sources of solid waste and of markets for recovered resources new text begin or the availability of materials
for waste reduction or reuse new text end , together with any proposed federal, state, or local financial
assistance, will be sufficient to pay all costs over the projected life of the project;

(4) that the applicant has evaluated the feasible and prudent alternatives to disposal,
including using existing solid waste management facilities new text begin and facilities conducting waste
reduction or reuse new text end with reasonably available capacity sufficient to accomplish the goals of
the proposed project, and has compared and evaluated the costs of the alternatives, including
capital and operating costs, and the effects of the alternatives on the cost to generators;

(5) that the applicant has identified:

(i) waste management objectives in applicable county and regional solid waste
management plans consistent with section 115A.46, subdivision 2, paragraphs (e) and (f),
or 473.149, subdivision 1; and

(ii) other solid waste new text begin management new text end facilities new text begin and facilities conducting waste reduction or
reuse new text end identified in the county and regional plans; deleted text begin and
deleted text end

(6) that the applicant has conducted a comparative analysis of the project against existing
public and private solid waste new text begin management new text end facilities new text begin and facilities conducting waste reduction
or reuse new text end , including an analysis of potential displacement of those facilities, to determine
whether the project is the most appropriate alternative to achieve the identified waste
management objectives that considers:

(i) conformity with approved county or regional solid waste management plans;

(ii) consistency with the state's solid waste hierarchy and section 115A.46, subdivision
2, paragraphs (e) and (f), or 473.149, subdivision 1; and

(iii) environmental standards related to public health, air, surface water, and groundwater deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) that the applicant has evaluated the project's environmental impact on climate change,
such as greenhouse gas emissions; and
new text end

new text begin (8) that the applicant has reviewed the project's impact on overburdened areas, conducted
stakeholder engagement, and assessed community input.
new text end

(b) The commissioner deleted text begin may deleted text end new text begin must new text end require completion of a comprehensive solid waste
management plan conforming to the requirements of section 115A.46, before accepting an
application. Within five days of filing an application with the agency, the applicant must
submit a copy of the application to each solid waste management facility new text begin , including each
facility used for waste reduction or reuse, new text end mentioned in the portion of the application
addressing the requirements of paragraph (a), clauses (5) and (6).

Sec. 14.

Minnesota Statutes 2020, section 115A.54, subdivision 1, is amended to read:

Subdivision 1.

Purposes; public interest; declaration of policy.

The legislature finds
that deleted text begin the establishment of waste processing deleted text end new text begin acquiring, establishing, and improving new text end facilities
new text begin that conduct waste reduction, reuse, recycling, composting source-separated compostable
materials or yard waste, resource recovery, and waste processing new text end and transfer stations serving
such facilities is needed to new text begin reduce and new text end manage properly the solid waste generated in the
state and to conserve and protect the natural resources in the state and the health, safety,
and welfare of its citizens; that opportunities to new text begin acquire, new text end establish new text begin , and improve new text end the facilities
and transfer stations are not being fully realized by individual political subdivisions or by
agreements among subdivisions; and that therefore it is necessary to provide capital assistance
to stimulate and encourage the acquisition new text begin , establishment, new text end and deleted text begin betterment deleted text end new text begin improvement new text end of
the facilities and transfer stations.

Sec. 15.

Minnesota Statutes 2020, section 115A.54, subdivision 2, is amended to read:

Subd. 2.

Administration; assurance of funds.

The commissioner shall provide technical
and financial assistance deleted text begin for the acquisition and betterment of deleted text end new text begin to acquire, establish, and
improve new text end the facilities and transfer stations from revenues derived from deleted text begin the issuance of deleted text end new text begin
issuing new text end bonds authorized by section 115A.58. Facilities for deleted text begin the incineration of deleted text end new text begin incinerating new text end
solid waste without resource recovery are not eligible for assistance. Money appropriated
for the purposes of the deleted text begin demonstration deleted text end program may be distributed as grants or loans. An
individual project may receive assistance totaling up to 100 percent of the capital cost of
the project and grants up to deleted text begin 50 deleted text end new text begin 75 new text end percent of the capital cost of the project. No grant or loan
shall be disbursed to any recipient until the commissioner has determined the total estimated
capital cost of the project and ascertained that financing of the cost is assured by funds
provided by the state, by an agency of the federal government within the amount of funds
then appropriated to that agency and allocated by it to projects within the state, by any
person, or by the appropriation of proceeds of bonds or other funds of the recipient to a fund
for deleted text begin the construction of deleted text end new text begin constructing new text end the project.

Sec. 16.

Minnesota Statutes 2020, section 115A.54, subdivision 2a, is amended to read:

Subd. 2a.

Solid waste management projects.

(a) The commissioner shall provide
technical and financial assistance deleted text begin for the acquisition and betterment of deleted text end new text begin to acquire, establish,
and improve new text end solid waste management projects as provided in this subdivision and section
115A.52. Money appropriated for the purposes of this subdivision must be distributed as
grants.

(b) Except as provided in paragraph (c), a project may receive grant assistance up to 25
percent of the capital cost of the project or deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end , whichever is less, except
that projects constructed as a result of intercounty cooperative agreements may receive new text begin the
lesser of:
new text end

(1) grant assistance up to 25 percent of the capital cost of the project; or

(2) deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end times the number of participating counties deleted text begin , whichever is less deleted text end .

(c) A recycling project deleted text begin or deleted text end new text begin , new text end a project to compost deleted text begin or cocompost deleted text end new text begin source-separated
compostable material or yard new text end waste new text begin , or a project to manage household hazardous waste new text end may
receive grant assistance up to 50 percent of the capital cost of the project or deleted text begin $2,000,000 deleted text end new text begin
$5,000,000 new text end , whichever is less, except that projects completed as a result of intercounty
cooperative agreements may receive new text begin the lesser of:
new text end

(1) grant assistance up to 50 percent of the capital cost of the project; or

(2) deleted text begin $2,000,000 deleted text end new text begin $5,000,000 new text end times the number of participating counties deleted text begin , whichever is less deleted text end .

new text begin (d) new text end The following projects may also receive grant assistance in the amounts specified
in deleted text begin this deleted text end paragraph new text begin (c) new text end :

(1) a project to improve control of or reduce air emissions at an existing resource recovery
facility; and

(2) a project to substantially increase the recovery of materials or energy, substantially
reduce the amount or toxicity of waste processing residuals, or expand the capacity of an
existing resource recovery facility to meet the resource recovery needs of an expanded
region if each county from which waste is or would be received has achieved a recycling
rate in excess of the goals in section 115A.551, and is implementing aggressive waste
reduction and household hazardous waste management programs.

new text begin (e) A waste reduction project or reuse project may receive grant assistance up to 75
percent of the capital cost of the project or $5,000,000, whichever is less, except that projects
completed as a result of intercounty cooperative agreements may receive the lesser of:
new text end

new text begin (1) grant assistance up to 75 percent of the capital cost of the project; or
new text end

new text begin (2) $5,000,000 times the number of participating counties.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Notwithstanding paragraph deleted text begin (e) deleted text end new text begin (g) new text end , the commissioner may award grants for transfer
stations that will initially transfer waste to landfills if the transfer stations are part of a
planned resource recovery project, the county where the planned resource recovery facility
will be located has a comprehensive solid waste management plan approved by the
commissioner, and the solid waste management plan proposes the development of the
resource recovery facility. If the proposed resource recovery facility is not in place and
operating within 16 years of the date of the grant award, the recipient shall repay the grant
amount to the state.

deleted text begin (e) deleted text end new text begin (g) new text end Projects without new text begin waste reduction, reuse, recycling, composting source-separated
compostable material or yard waste, or new text end resource recovery are not eligible for assistance. new text begin
Solid waste disposal facilities and associated equipment are not eligible for assistance.
new text end

deleted text begin (f) deleted text end new text begin (h) new text end In addition to any assistance received under paragraph (b) deleted text begin or deleted text end new text begin , new text end (c), new text begin (d), or (e), new text end a
project may receive grant assistance for the cost of tests necessary to determine the
appropriate pollution control equipment for the project or the environmental effects of the
use of any product or material produced by the project.

deleted text begin (g) deleted text end new text begin (i) new text end In addition to the application requirements of section 115A.51, an application for
a project serving eligible jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the project is not needed or not
feasible. Each application must also demonstrate that the project is not financially prudent
without the state assistance, because of the applicant's financial capacity and the problems
inherent in the waste management situation in the area, particularly transportation distances
and limited waste supply and markets for resources recovered.

deleted text begin (h) deleted text end new text begin (j) new text end For the purposes of this subdivision, deleted text begin a deleted text end "project" means new text begin acquisition, establishment,
or improvement of new text end a deleted text begin processing deleted text end facility deleted text begin , deleted text end new text begin that conducts waste reduction, reuse, recycling,
composting source-separated compostable materials or yard waste, resource recovery, or
waste processing, new text end together with any transfer stations, transmission facilities, and other related
and appurtenant facilities primarily serving the deleted text begin processing deleted text end facility.

new text begin (k) new text end The commissioner shall adopt rules for the program deleted text begin by July 1, 1985 deleted text end new text begin under this
subdivision new text end .

deleted text begin (i) deleted text end new text begin (l) new text end Notwithstanding anything in this subdivision to the contrary, a project to construct
a new deleted text begin mixed municipal deleted text end solid waste transfer station that has an enforceable commitment of
at least ten years, or of sufficient length to retire bonds sold for the facility, to serve an
existing resource recovery facility may receive grant assistance up to 75 percent of the
capital cost of the project if addition of the transfer station will increase substantially the
geographical area served by the resource recovery facility and the ability of the resource
recovery facility to operate more efficiently on a regional basis and the facility meets the
criteria in paragraph deleted text begin (c) deleted text end new text begin (d) new text end , deleted text begin the second deleted text end clause (2). A transfer station eligible for assistance
under this paragraph is not eligible for assistance under any other paragraph of this
subdivision.

Sec. 17.

Minnesota Statutes 2021 Supplement, section 115A.565, subdivision 1, is amended
to read:

Subdivision 1.

Grant program established.

The commissioner must make competitive
grants to political subdivisions or federally recognized Tribes deleted text begin to establish curbside recycling
or composting, increase deleted text end new text begin for waste reduction, reuse, new text end recycling deleted text begin or deleted text end new text begin , and new text end composting deleted text begin , reduce
the amount of recyclable materials entering disposal facilities, or reduce the costs associated
with hauling waste by locating collection sites as close as possible to the site where the
waste is generated deleted text end new text begin source-separated compostable materials or yard waste new text end . To be eligible
for grants under this section, a political subdivision or federally recognized tribe must be
located outside the seven-county metropolitan area and a city must have a population of
less than 45,000.

Sec. 18.

Minnesota Statutes 2020, section 115A.565, subdivision 3, is amended to read:

Subd. 3.

Priorities; eligible projects.

(a) If applications for grants exceed the available
appropriations, grants must be made for projects that, in the commissioner's judgment,
provide the highest return in public benefits.

(b) To be eligible to receive a grant, a project must:

(1) be locally administered;

(2) have an educational component and measurable outcomes;

(3) request $250,000 or less;

(4) demonstrate local direct and indirect matching support of at least a quarter amount
of the grant request; deleted text begin and
deleted text end

(5) include at least one of the following elements:

deleted text begin (i) transition to residential recycling through curbside or centrally located collection
sites;
deleted text end

deleted text begin (ii) development of local recycling systems to support curbside recycling; or
deleted text end

deleted text begin (iii) development or expansion of local recycling systems to support recycling bulk
materials, including, but not limited to, electronic waste.
deleted text end

new text begin (i) waste reduction;
new text end

new text begin (ii) reuse;
new text end

new text begin (iii) recycling; or
new text end

new text begin (iv) composting source-separated compostable materials or yard waste; and
new text end

new text begin (6) demonstrate that the project will reduce waste generation through waste reduction
or reuse or that the project will reduce the amount of recyclable materials or source-separated
compostable materials entering a disposal facility.
new text end

Sec. 19.

Minnesota Statutes 2020, section 115B.17, subdivision 14, is amended to read:

Subd. 14.

Requests for review, investigation, and oversight.

(a) The commissioner
may, upon request, assist a person in determining whether real property has been the site
of a release or threatened release of a hazardous substance, pollutant, or contaminant. The
commissioner may also assist in, or supervise, the development and implementation of
reasonable and necessary response actions. Assistance may include review of agency records
and files, and review and approval of a requester's investigation plans and reports and
response action plans and implementation.

(b) Except as otherwise provided in this paragraph, the person requesting assistance
under this subdivision shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. A state agency, political subdivision, or other public
entity is not required to pay for the agency's cost to review agency records and files. deleted text begin Money
received by the agency for assistance under this section deleted text end new text begin The first $350,000 received annually
by the agency for assistance under this subdivision from persons who are not otherwise
responsible under sections 115B.01 to 115B.18 new text end must be deposited in the remediation fund
and is exempt from section 16A.1285. new text begin Money received after the first $350,000 must be
deposited in the state treasury and credited to an account in the special revenue fund. Money
in the account is annually appropriated to the commissioner for the purposes of administering
this subdivision.
new text end

(c) When a person investigates a release or threatened release in accordance with an
investigation plan approved by the commissioner under this subdivision, the investigation
does not associate that person with the release or threatened release for the purpose of section
115B.03, subdivision 3, paragraph (a), clause (4).

Sec. 20.

Minnesota Statutes 2020, section 115B.52, subdivision 4, is amended to read:

Subd. 4.

Reporting.

The commissioner of the Pollution Control Agency and the
commissioner of natural resources must jointly submit:

(1) by April 1, 2019, an implementation plan detailing how the commissioners will:

(i) determine how the priorities in the settlement will be met and how the spending will
move from the first priority to the second priority and the second priority to the third priority
outlined in the settlement; and

(ii) evaluate and determine what projects receive funding;

(2) by deleted text begin February 1 and August deleted text end new text begin October new text end 1 each year, a deleted text begin biannual deleted text end report to the chairs and
ranking minority members of the legislative policy and finance committees with jurisdiction
over environment and natural resources on expenditures from the water quality and
sustainability account during the previous deleted text begin six months deleted text end new text begin fiscal year new text end ; and

(3) by deleted text begin August 1, 2019, and deleted text end new text begin October 1 new text end each year deleted text begin thereafter deleted text end , a report to the legislature on
expenditures from the water quality and sustainability account during the previous fiscal
year and a spending plan for anticipated expenditures from the account during the current
fiscal year.

Sec. 21.

Minnesota Statutes 2020, section 116.993, subdivision 2, is amended to read:

Subd. 2.

Eligible borrower.

To be eligible for a loan under this section, a borrower
must:

(1) be a small business corporation, sole proprietorship, partnership, or association;

(2) be a potential emitter of pollutants to the air, ground, or water;

(3) need capital for equipment purchases that will meet or exceed environmental
regulations or need capital for site investigation and cleanup;

(4) have deleted text begin less deleted text end new text begin fewer new text end than deleted text begin 100 deleted text end new text begin 250 new text end full-time equivalent employees; and

(5) have an deleted text begin after tax deleted text end new text begin after-tax new text end profit of less than deleted text begin $500,000 deleted text end new text begin $1,000,000 new text end .

Sec. 22.

new text begin [325E.3892] LEAD AND CADMIUM IN CONSUMER PRODUCTS;
PROHIBITION.
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, "covered product" means any
of the following products or product components:
new text end

new text begin (1) jewelry;
new text end

new text begin (2) toys;
new text end

new text begin (3) cosmetics and personal care products;
new text end

new text begin (4) puzzles, board games, card games, and similar games;
new text end

new text begin (5) play sets and play structures;
new text end

new text begin (6) outdoor games;
new text end

new text begin (7) school supplies;
new text end

new text begin (8) pots and pans;
new text end

new text begin (9) cups, bowls, and other food containers;
new text end

new text begin (10) craft supplies and jewelry-making supplies;
new text end

new text begin (11) chalk, crayons, paints, and other art supplies;
new text end

new text begin (12) fidget spinners;
new text end

new text begin (13) costumes, costume accessories, and children's and seasonal party supplies;
new text end

new text begin (14) keys, key chains, and key rings; and
new text end

new text begin (15) clothing, footwear, headwear, and accessories.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) A person must not import, manufacture, sell, hold for sale, or
distribute or offer for use in this state any covered product containing:
new text end

new text begin (1) lead at more than 0.009 percent by total weight (90 parts per million); or
new text end

new text begin (2) cadmium at more than 0.0075 percent by total weight (75 parts per million).
new text end

new text begin (b) This section does not apply to covered products containing lead or cadmium, or both,
when regulation is preempted by federal law.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin The commissioners of the Pollution Control Agency, commerce,
and health may coordinate in enforcing this section. The commissioner of the Pollution
Control Agency or commerce may, with the attorney general, enforce any federal restrictions
on the sale of products containing lead or cadmium, or both, as allowed under federal law.
The commissioner of the Pollution Control Agency may enforce this section under sections
115.071 and 116.072. The commissioner of commerce may enforce this section under
section 45.027, subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16. The
attorney general may enforce this section under section 8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 23. new text begin RULEMAKING; CAPITAL ASSISTANCE PROGRAM.
new text end

new text begin Using the expedited rulemaking process under Minnesota Statutes, section 14.389, the
commissioner of the Pollution Control Agency must amend Minnesota Rules, parts 9210.0100
to 9210.0180, related to the capital assistance program, to conform with and implement the
changes made in Minnesota Statutes, sections 115A.03 and 115A.49 to 115A.54.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 325E.389; and 325E.3891, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-06118

325E.389 ITEMS CONTAINING LEAD PROHIBITED.

Subdivision 1.

Definitions.

For purposes of this section, the following definitions apply.

(a) "Body piercing jewelry" means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane.

(b) "Children" means children age six and younger.

(c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children. For purposes of this section, children's jewelry includes, but is not limited to, jewelry that meets any of the following conditions:

(1) is represented in its packaging, display, or advertising as appropriate for use by children;

(2) is sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children;

(3) is sized for children and not intended for use by adults; or

(4) is sold in any of the following:

(i) a vending machine;

(ii) retail store, catalog, or website in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; or

(iii) a discrete portion of a retail store, catalog, or website in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(d) "Class 1 material" means any of the following materials:

(1) stainless or surgical steel;

(2) karat gold;

(3) sterling silver;

(4) platinum, palladium, iridium, ruthenium, rhodium, or osmium;

(5) natural or cultured pearls;

(6) glass, ceramic, or crystal decorative components including cat's eye; cubic zirconia, including cubic zirconium or CZ; rhinestones; and cloisonne;

(7) a gemstone that is cut and polished for ornamental purposes, except that the following gemstones are not Class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite;

(8) elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is listed as a Class 2 material;

(9) all natural decorative material including amber, bone, coral, feathers, fur, horn, leather, shell, and wood that is in its natural state and is not treated in a way that adds lead; or

(10) adhesive.

(e) "Class 2 material" means any of the following materials:

(1) electroplated metal that meets the following standards:

(i) on and before August 30, 2009, a metal alloy with less than ten percent lead by weight that is electroplated with suitable under and finish coats; or

(ii) on and after August 31, 2009, a metal alloy with less than six percent lead by weight that is electroplated with suitable under and finish coats;

(2) unplated metal with less than 1.5 percent lead that is not otherwise listed as a Class 1 material;

(3) plastic or rubber including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) that meets the following standards:

(i) on and before August 30, 2009, less than 0.06 percent (600 parts per million) lead by weight; and

(ii) on and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by weight; and

(4) a dye or surface coating containing less than 0.06 percent (600 parts per million) lead by weight.

(f) "Class 3 material" means any portion of jewelry that meets both of the following criteria:

(1) is not a Class 1 or Class 2 material; and

(2) contains less than 0.06 percent (600 parts per million) lead by weight.

(g) "Component" means any part of jewelry.

(h) "EPA reference methods 3050B (Acid Digestion of Sediments, Sludges, and Soils) or 3051 (Microwave Assisted Digestion/Sludge, Soils)" means those test methods incorporated by reference in Code of Federal Regulations, title 40, section 260.11, paragraph (11), subdivision (a).

(i) "Jewelry" means:

(1) any of the following ornaments worn by a person: anklet, arm cuff, bracelet, brooch, chain, crown, cuff link, decorated hair accessories, earring, necklace, pin, ring, or body piercing jewelry; or

(2) any bead, chain, link, pendant, or other component of such an ornament.

(j) "Surface coating" means a fluid, semifluid, or other material, with or without a suspension of finely divided coloring matter, that changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface. Surface coating does not include a printing ink or a material that actually becomes a part of the substrate including, but not limited to, pigment in a plastic article or a material that is actually bonded to the substrate, such as by electroplating or ceramic glazing.

Subd. 2.

Sale prohibited.

(a) No person shall manufacture any jewelry that is offered for sale in Minnesota unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.

(b) No person shall offer for sale, sell, label, or distribute for free any jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from a Class 1, Class 2, or Class 3 material, or any combination thereof.

(c) Notwithstanding paragraph (a), no person shall manufacture any children's jewelry that is offered for sale in Minnesota unless the children's jewelry is made entirely from one or more of the following materials:

(1) a nonmetallic material that is a Class 1 material;

(2) a nonmetallic material that is a Class 2 material;

(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;

(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;

(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or

(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.

(d) Notwithstanding paragraph (b), no person shall offer for sale, sell, distribute for free, or label any jewelry as children's jewelry represented to contain safe levels of lead, unless the jewelry is made entirely from one or more of the following materials:

(1) a nonmetallic material that is a Class 1 material;

(2) a nonmetallic material that is a Class 2 material;

(3) a metallic material that is either a Class 1 material or contains less than 0.06 percent (600 parts per million) lead by weight;

(4) glass or crystal decorative components that weigh in total no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02 percent (200 parts per million) lead by weight and has no intentionally added lead;

(5) printing ink or ceramic glaze that contains less than 0.06 percent (600 parts per million) lead by weight; or

(6) Class 3 material that contains less than 0.02 percent (200 parts per million) lead by weight.

(e) Notwithstanding paragraph (a), no person shall manufacture any body piercing jewelry that is offered for sale in Minnesota unless the body piercing jewelry is made of one or more of the following materials:

(1) surgical implant stainless steel; or

(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

(f) No person shall offer for sale, sell, label, or distribute for free any body piercing jewelry represented to contain safe levels of lead unless the body piercing jewelry is made of one or more of the following materials:

(1) surgical implant stainless steel; or

(2) surgical implant grade of titanium, niobium (Nb), solid 14-karat or higher white or yellow nickel-free gold, solid platinum, or a dense low-porosity plastic including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

(g) The prohibitions under this section do not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.

Subd. 3.

Testing methods.

(a) The testing methods for determining compliance with this section must be conducted using EPA reference method 3050B or 3051 for the material being tested, except as otherwise provided in subdivision 4 and in accordance with all of the following procedures:

(1) when preparing a sample, the laboratory shall make every effort to ensure that the sample removed from a jewelry piece is representative of the component to be tested, and is free of contamination from extraneous dirt and material not related to the component to be tested;

(2) all component samples must be washed before testing using standard laboratory detergent, rinsed with laboratory reagent-grade deionized water, and dried in a clean ambient environment;

(3) if a component is required to be cut or scraped to obtain a sample, the metal snips, scissors, or other cutting tools used for the cutting or scraping must be made of stainless steel and washed and rinsed before each use and between samples;

(4) a sample must be digested in a container that is known to be free of lead and with the use of an acid that is not contaminated by lead, including analytical reagent-grade digestion acids and reagent-grade deionized water;

(5) method blanks, consisting of all reagents used in sample preparation handled, digested, and made to volume in the same exact manner and in the same container type as samples, must be tested with each group of 20 or fewer samples tested; and

(6) the results for the method blanks must be reported with each group of sample results and must be below the stated reporting limit for sample results to be considered valid.

(b) A material does not meet an applicable lead standard set forth in this section if any of the following occurs:

(1) the mean lead level of one or two samples of the material exceeds 300 percent of the applicable limit for a component;

(2) the mean lead level of three samples of the material exceeds 200 percent of the applicable limit for a component; or

(3) the mean lead level of four or more samples of the material exceeds the applicable limit for a component.

Subd. 4.

Additional testing procedures.

In addition to the requirements of subdivision 3, the following procedures must be used for testing the following materials:

(1) for testing a metal plated with suitable undercoats and finish coats, the following protocols must be observed:

(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be 0.050 gram to one gram;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.1 percent for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(2) for testing unplated metal and metal substrates that are not a Class 1 material, the following protocols must be observed:

(i) digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;

(ii) the sample size must be 0.050 gram to one gram;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.01 percent for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(3) for testing polyvinyl chloride (PVC), the following protocols must be observed:

(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide;

(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;

(iii) digested samples may require dilution prior to analysis;

(iv) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(4) for testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic, polystyrene, plastic beads, or plastic stones, the following protocols must be observed:

(i) the digestion must be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and must be chopped or comminuted prior to digestion;

(iii) plastic beads or stones must be crushed prior to digestion;

(iv) digested samples may require dilution prior to analysis;

(v) digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(vi) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument;

(5) for testing coatings on glass and plastic pearls, the following protocols must be observed:

(i) the coating of glass or plastic beads must be scraped onto a surface free of dust, including a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp instrument that will not contaminate the sample with lead. The substrate pearl material must not be included in the scrapings;

(ii) the razor blade or sharp instrument must be rinsed with deionized water, wiped to remove particulate matter, rinsed again, and dried between samples;

(iii) the scrapings must be weighed and not less than 50 micrograms of scraped coating must be used for analysis. If less than 50 micrograms of scraped coating is obtained from an individual pearl, multiple pearls from that sample must be scraped and composited to obtain a sufficient sample amount;

(iv) the number of pearls used to make the composite must be noted;

(v) the scrapings must be digested according to EPA reference method 3050B or 3051 or an equivalent procedure for hot acid digestion in preparation for trace lead analysis;

(vi) the digestate must be diluted in the minimum volume practical for analysis;

(vii) the digested sample must be analyzed according to specification of an approved and validated methodology for inductively coupled plasma mass spectrometry;

(viii) a reporting limit of 0.001 percent (10 parts per million) in the coating must be obtained for the analysis; and

(ix) the sample result must be reported within the calibrated range of the instrument. If the initial test of the sample is above the highest calibration standard, the sample must be diluted and reanalyzed within the calibrated range of the instrument;

(6) for testing dyes, paints, coatings, varnish, printing inks, ceramic glazes, glass, or crystal, the following testing protocols must be observed:

(i) the digestion must use hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide;

(ii) the sample size must be not less than 0.050 gram, and must be chopped or comminuted prior to digestion;

(iii) the digested sample may require dilution prior to analysis;

(iv) the digestion and analysis must achieve a reported detection limit no greater than 0.001 percent (10 parts per million) for samples; and

(v) all necessary dilutions must be made to ensure that measurements are made within the calibrated range of the analytical instrument; and

(7) for testing glass and crystal used in children's jewelry, the following testing protocols for determining weight must be used:

(i) a component must be free of any extraneous material, including adhesive, before it is weighed;

(ii) the scale used to weigh a component must be calibrated immediately before the components are weighed using S-class weights of one and two grams, as certified by the National Institute of Standards and Technology (NIST) of the United States Department of Commerce; and

(iii) the calibration of the scale must be accurate to within 0.01 gram.

325E.3891 CADMIUM IN CHILDREN'S JEWELRY.

Subdivision 1.

Definitions.

(a) As used in this section, the term:

(1) "accessible" has the meaning given in section 3.1.2 of the ASTM International Safety Specification on Toy Safety, F-963;

(2) "child" means an individual who is six years of age or younger; and

(3) "children's jewelry" shall have the meaning set forth in section 325E.389, subdivision 1, paragraph (c).

Subd. 2.

Prohibitions.

Cadmium in any surface coating or accessible substrate material of metal or plastic components of children's jewelry shall not exceed 75 parts per million, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM standard F-963 and subsequent versions of this standard, if the product is sold in this state unless this requirement is superseded by a federal standard regulating cadmium in children's jewelry. This section shall not regulate any product category for which an existing federal standard regulates cadmium exposure in surface coatings and accessible substrate materials as required under ASTM F-963.

Subd. 3.

Manufacturer or wholesaler.

No manufacturer or wholesaler may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2.

Subd. 4.

Retailer.

No retailer may sell or offer for sale in this state children's jewelry that fails to meet the requirements of subdivision 2. This subdivision does not apply to sales or free distribution of jewelry by a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code or to isolated and occasional sales of jewelry not made in the normal course of business.

Subd. 5.

Enforcement.

The attorney general shall enforce this section under section 8.31.