SF 477

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to solid waste; requiring a pilot program to be implemented by paint
manufacturers to recycle paint; amending Minnesota Statutes 2008, section
13.7411, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 115A.

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

Section 1.

Minnesota Statutes 2008, section 13.7411, subdivision 3, is amended to read:

Subd. 3.

Pollution Control Agency.

new text begin (a) new text end Information held by the commissioner of
the Pollution Control Agency that is trade secret or sales information is governed by
section 115A.06, subdivision 13.

new text begin (b) Data submitted to the commissioner by paint manufacturers or their
representative organization under section 115A.1333 are classified under that section.
new text end

Sec. 2.

new text begin [115A.1331] PAINT STEWARDSHIP PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections 115A.1331 to 115A.1333,
the following terms have the meanings given.
new text end

new text begin (b) "Architectural paint" means interior and exterior architectural coatings sold in
containers of one quart or more, including paints and stains purchased for commercial
or homeowner use, but does not include architectural coatings purchased for industrial
or original equipment manufacturer use.
new text end

new text begin (c) "Distributor" means a company that has a contractual relationship with one or
more manufacturers to market and sell architectural paint to retailers.
new text end

new text begin (d) "Manufacturer" means a manufacturer of architectural paint.
new text end

new text begin (e) "Paint stewardship assessment" means the amount included in the purchase
price of architectural paint sold in Minnesota to implement the paint stewardship pilot
program described in subdivision 2.
new text end

new text begin (f) "Postconsumer paint" means architectural paint not used by the purchaser.
new text end

new text begin (g) "Representative organization" means the nonprofit organization created by the
manufacturers to implement the paint stewardship pilot program described in subdivision
2.
new text end

new text begin (h) "Retailer" means a person who sells architectural paint at retail.
new text end

new text begin Subd. 2. new text end

new text begin Pilot program. new text end

new text begin (a) Beginning September 1, 2009, manufacturers of
architectural paint sold at retail must, through a representative organization, implement a
statewide paint stewardship pilot program that minimizes public sector involvement in
the management of postconsumer paint by reducing its generation, promoting its reuse
and recycling, and negotiating and executing agreements to collect, transport, and process
postconsumer paint for end-of-life management in an environmentally sound fashion. In
developing the pilot program, manufacturers of architectural paint must consult with and
consider the views of representatives of the Solid Waste Management Coordinating Board,
the Association of Minnesota Counties, the Solid Waste Administrators Association, and
household hazardous waste programs administered in both rural and metropolitan counties.
The pilot program must include a funding mechanism whereby each architectural paint
manufacturer remits to the representative organization payment of the paint stewardship
assessment for each container of architectural paint it sells in this state. The paint
stewardship assessment must be included in the cost of all architectural paint sold to
Minnesota retailers and distributors, and each Minnesota retailer or distributor must
include the assessment in the purchase price of all architectural paint sold in this state.
new text end

new text begin (b) To ensure that the funding mechanism is equitable and sustainable, a uniform
paint stewardship assessment must be established for all architectural paint sold. The paint
stewardship assessment may not exceed $0.35 per container of architectural paint. The
paint stewardship assessment must be reviewed by the commissioner and must not exceed
the costs of the paint stewardship pilot program.
new text end

new text begin (c) Paint manufacturers or their representative organization shall provide Minnesota
consumers with educational materials regarding the paint stewardship assessment and the
paint stewardship pilot program in a manner designed to ensure that consumers are made
aware that a provision for the operation of a paint stewardship program is included in the
purchase price of all architectural paint sold in the state.
new text end

new text begin (d) Paint retailers may participate in the pilot program as paint collection points
on a voluntary basis.
new text end

Sec. 3.

new text begin [115A.1332] CONDUCT AUTHORIZED.
new text end

new text begin A manufacturer or organization of manufacturers that organizes collection, transport,
and processing of postconsumer paint under section 115A.1331 is immune from liability
for the conduct under state laws relating to antitrust, restraint of trade, unfair trade
practices, and other regulation of trade or commerce only to the extent that the conduct is
necessary to plan and implement its chosen organized collection or recycling system.
new text end

Sec. 4.

new text begin [115A.1333] REPORTS.
new text end

new text begin (a) On October 15, 2010, manufacturers of architectural paint sold at retail in this
state must, through a representative organization, submit a report to the commissioner
describing the paint stewardship pilot program. At a minimum, the report must contain:
new text end

new text begin (1) a description of the methods used to collect, transport, and process postconsumer
paint in all regions of Minnesota;
new text end

new text begin (2) the volume of postconsumer paint collected in all regions of Minnesota;
new text end

new text begin (3) the volume of postconsumer paint collected in Minnesota by method of
disposition, including reuse, recycling, and other methods of processing;
new text end

new text begin (4) the total cost of implementing the pilot program as determined by an independent
financial audit funded from the paint stewardship assessment;
new text end

new text begin (5) an evaluation of the operation of the program's funding mechanism;
new text end

new text begin (6) samples of educational materials provided to consumers of architectural paint
and an evaluation of the methods used to disseminate those materials; and
new text end

new text begin (7) an analysis of the environmental costs and benefits of collecting and recycling
latex paint.
new text end

new text begin (b) Data reported to the commissioner by a manufacturer or the representative
organization of manufacturers is classified as nonpublic data, as defined in section 13.02,
subdivision 9, except that the commissioner may release the data in summary form
in which individual manufacturers, distributors, or retailers are not identified and from
which neither their identities nor any other characteristics that could uniquely identify
an individual manufacturer or retailer are ascertainable.
new text end

new text begin (c) By January 15, 2012, the commissioner shall submit a report to the chairs and
ranking minority members of the committees in the senate and house of representatives
that have primary jurisdiction over solid waste policy describing the results of the
paint stewardship pilot program and recommending whether it should be made
permanent and any modifications to improve its functioning and efficiency. In preparing
the report, the commissioner must consult with representatives of the Solid Waste
Management Coordinating Board, the Association of Minnesota Counties, the Solid Waste
Administrators Association, and household hazardous waste programs administered in
both rural and metropolitan counties, and must include their views in the report. The
report must include an estimate of the savings to state and local units of government
compared with the costs of the program.
new text end

Sec. 5.

new text begin [115A.1334] EXPIRATION.
new text end

new text begin Sections 115A.1331 to 115A.1334 expire June 30, 2012.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end