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Minnesota Legislature

Office of the Revisor of Statutes

SF 477

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to solid waste; requiring a pilot program to be implemented by paint
1.3manufacturers to recycle paint;amending Minnesota Statutes 2008, section
1.413.7411, subdivision 3; proposing coding for new law in Minnesota Statutes,
1.5chapter 115A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 13.7411, subdivision 3, is amended to read:
1.8    Subd. 3. Pollution Control Agency. (a) Information held by the commissioner of
1.9the Pollution Control Agency that is trade secret or sales information is governed by
1.10section 115A.06, subdivision 13.
1.11(b) Data submitted to the commissioner by paint manufacturers or their
1.12representative organization under section 115A.1333 are classified under that section.

1.13    Sec. 2. [115A.1331] PAINT STEWARDSHIP PILOT PROGRAM.
1.14    Subdivision 1. Purpose. The purpose of this section is to allow manufacturers to
1.15pilot an environmentally sound and cost-effective paint stewardship program, undertaking
1.16responsibility for the development and implementation of strategies to reduce the
1.17generation of postconsumer paint; promote the reuse of postconsumer paint; and collect,
1.18transport, and process postconsumer paint for end-of-life management. The ultimate
1.19purpose of this section is to minimize public sector involvement in the management of
1.20postconsumer paint.
1.21    Subd. 2. Definitions. (a) For purposes of sections 115A.1331 to 115A.1333, the
1.22following terms have the meanings given.
2.1(b) "Architectural paint" means interior and exterior architectural coatings, including
2.2paints and stains purchased for commercial or homeowner use, but does not include
2.3architectural coatings purchased for industrial or original equipment manufacturer use.
2.4(c) "Distributor" means a company that has a contractual relationship with one or
2.5more manufacturers to market and sell architectural paint to retailers.
2.6(d) "Manufacturer" means a manufacturer of architectural paint.
2.7(e) "Paint stewardship assessment" means the amount included in the purchase
2.8price of architectural paint sold in Minnesota to implement the paint stewardship pilot
2.9program described in subdivision 3.
2.10(f) "Postconsumer paint" means architectural paint not used by the purchaser.
2.11(g) "Representative organization" means the nonprofit organization created by the
2.12manufacturers to implement the paint stewardship pilot program described in subdivision
2.133.
2.14(h) "Retailer" means a person who sells architectural paint at retail.
2.15    Subd. 3. Pilot program. (a) Beginning September 1, 2009, manufacturers of
2.16architectural paint sold at retail must, through a representative organization, implement
2.17a statewide paint stewardship pilot program for the development and implementation
2.18of strategies to reduce the generation of postconsumer paint; promote the reuse and
2.19recycling of postconsumer paint; and undertake the responsibility of negotiating and
2.20executing agreements to collect, transport, and process postconsumer paint for end-of-life
2.21management in an environmentally sound fashion. In developing the pilot program,
2.22manufacturers of architectural paint must consult with and consider the views of
2.23representatives of the Solid Waste Management Coordinating Board, the Association
2.24of Minnesota Counties, the Solid Waste Administrators Association, and household
2.25hazardous waste programs administered in rural and metropolitan counties. The pilot
2.26program must include a funding mechanism whereby each architectural paint manufacturer
2.27remits to the representative organization payment of the paint stewardship assessment for
2.28each container of architectural paint it sells in this state. The paint stewardship assessment
2.29must be included in the cost of all architectural paint sold to Minnesota retailers and
2.30distributors, and each Minnesota retailer or distributor must include the assessment in the
2.31purchase price of all architectural paint sold in this state.
2.32(b) To ensure that the funding mechanism is equitable and sustainable, a uniform
2.33paint stewardship assessment must be established for all architectural paint sold. The paint
2.34stewardship assessment must be approved by the commissioner and must be sufficient to
2.35recover, but not exceed, the costs of the paint stewardship pilot program.
3.1(c) Paint manufacturers or their representative organization shall provide Minnesota
3.2consumers with educational materials regarding the paint stewardship assessment and the
3.3paint stewardship pilot program in a manner designed to ensure that consumers are made
3.4aware that a provision for the operation of a paint stewardship program is included in the
3.5purchase price of all architectural paint sold in the state.
3.6(d) Paint retailers may participate in the pilot program as paint collection points
3.7on a voluntary basis.

3.8    Sec. 3. [115A.1332] CONDUCT AUTHORIZED.
3.9A manufacturer or organization of manufacturers that organizes collection,
3.10transport, and processing of postconsumer paint under section 115A.1331 may engage in
3.11anticompetitive conduct only to the extent necessary to plan and implement its chosen
3.12organized collection or recycling system and is immune from liability for the conduct
3.13under state laws relating to antitrust, restraint of trade, unfair trade practices, and other
3.14regulation of trade or commerce.

3.15    Sec. 4. [115A.1333] REPORTS.
3.16(a) On October 15, 2010, manufacturers of architectural paint sold at retail in this
3.17state must, through a representative organization, submit a report to the commissioner
3.18describing the paint stewardship pilot program. At a minimum, the report must contain:
3.19(1) a description of the methods used to collect, transport, and process postconsumer
3.20paint in all regions of Minnesota;
3.21(2) the volume of postconsumer paint collected in all regions of Minnesota;
3.22(3) the volume of postconsumer paint collected in Minnesota by method of
3.23disposition, including reuse, recycling, and other methods of processing;
3.24(4) the total cost of implementing the pilot program as determined by an independent
3.25financial audit funded from the paint stewardship assessment;
3.26(5) an evaluation of the operation of the program's funding mechanism;
3.27(6) samples of educational materials provided to consumers of architectural paint
3.28and an evaluation of the methods used to disseminate those materials; and
3.29(7) an analysis of the environmental costs and benefits of collecting and recycling
3.30latex paint.
3.31(b) Data reported to the commissioner by a manufacturer or the representative
3.32organization of manufacturers is classified as nonpublic data, as defined in section 13.02,
3.33subdivision 9, except that the commissioner may release the data in summary form
3.34in which individual manufacturers, distributors, or retailers are not identified and from
4.1which neither their identities nor any other characteristics that could uniquely identify
4.2an individual manufacturer or retailer are ascertainable.
4.3(c) By January 15, 2011, the commissioner shall submit a report to the chairs and
4.4ranking minority members of the committees in the senate and house of representatives
4.5that have primary jurisdiction over solid waste policy describing the results of the
4.6paint stewardship pilot program and recommending whether it should be made
4.7permanent and any modifications to improve its functioning and efficiency. In preparing
4.8the report, the commissioner must consult with representatives of the Solid Waste
4.9Management Coordinating Board, the Association of Minnesota Counties, the Solid Waste
4.10Administrators Association, and household hazardous waste programs administered in
4.11rural and metropolitan counties, and must include their views in the report. The report
4.12must include an estimate of the potential costs of collecting and disposing of architectural
4.13paint avoided by state and local units of government and taxpayer savings as a result
4.14of the program.

4.15    Sec. 5. [115A.1334] EXPIRATION.
4.16Sections 115A.1331 to 115A.1334 expire June 30, 2012.

4.17    Sec. 6. EFFECTIVE DATE.
4.18Sections 1 to 5 are effective the day following final enactment.