Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 639

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/15/2013 02:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2
8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 13.36 14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 17.36 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 18.36 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33
19.34 20.1 20.2 20.3
20.4 20.5

A bill for an act
relating to environment; providing for product stewardship programs; requiring
a report; amending Minnesota Statutes 2012, section 13.7411, subdivision 4;
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 2012, section 13.7411, subdivision 4, is amended to read:


Subd. 4.

Waste management.

(a) new text begin Product stewardship programs. Trade secret
information submitted to the Pollution Control Agency under product stewardship
programs are classified under sections 115A.141 to 115A.142.
new text end

new text begin (b) new text end 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.

deleted text begin (b)deleted text end new text begin (c) new text end 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.

deleted text begin (c)deleted text end new text begin (d) new text end Customer lists. Customer lists provided to counties or cities by solid waste
collectors are classified under section 115A.93, subdivision 5.

Sec. 2.

new text begin [115A.141] CARPET PRODUCT STEWARDSHIP PROGRAM;
STEWARDSHIP PLAN.
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 identifies carpet, rather than its
components, and attributes the carpet to the owner or licensee of the brand as the producer;
new text end

new text begin (2) "carpet" means a manufactured article that is used in commercial or single or
multifamily residential buildings, is affixed or placed on the floor or building walking
surface as a decorative or functional building interior or exterior feature, and is primarily
constructed of a top visible surface of synthetic face fibers or yarns or tufts attached to a
backing system derived from synthetic or natural materials. Carpet includes, but is not
limited to, a commercial or residential broadloom carpet or modular carpet tiles. Carpet
includes a pad or underlayment used in conjunction with a carpet. Carpet does not include
handmade rugs, area rugs, or mats;
new text end

new text begin (3) "discarded carpet" means carpet that is no longer used for its manufactured
purpose;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
new text end

new text begin (ii) imports carpet branded by a producer that meets item (i) when the producer has
no physical presence in the United States;
new text end

new text begin (iii) if items (i) and (ii) do not apply, makes unbranded carpet that is sold in the state; or
new text end

new text begin (iv) sells carpet at wholesale or retail, does not have legal ownership of the brand,
and elects to fulfill the responsibilities of the producer for the carpet by certifying that
election in writing to the commissioner;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers carpet for sale at retail in the state;
new text end

new text begin (7) "reuse" means donating or selling a collected carpet back into the market for
its original intended use, when the carpet retains its original purpose and performance
characteristics;
new text end

new text begin (8) "sale" or "sell" means transfer of title of carpet for consideration, including a
remote sale conducted through a sales outlet, catalog, Web site, or similar electronic
means. Sale or sell includes a lease through which carpet is provided to a consumer by a
producer, wholesaler, or retailer;
new text end

new text begin (9) "stewardship assessment" means the amount added to the purchase price of
carpet sold in the state that is necessary to cover the cost of collecting, transporting, and
processing postconsumer carpets by the producer or stewardship organization pursuant to
a product stewardship program;
new text end

new text begin (10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (11) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For all carpet sold in the state, producers
must, individually or through a stewardship organization, implement and finance a
statewide product stewardship program that manages carpet by reducing carpet's waste
generation, promoting its reuse and recycling, and providing for negotiation and execution
of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2015, no producer,
wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's
producer participates in an approved stewardship plan, either individually or through a
stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2015, and before
offering carpet for sale in the state, a producer must submit a stewardship plan to the
agency and receive approval of the plan or must submit documentation to the agency that
demonstrates the producer has entered into an agreement with a stewardship organization
to be an active participant in an approved product stewardship program as described in
subdivision 2. A stewardship plan must include all elements required under subdivision 5.
new text end

new text begin (b) At least every three years, a producer or stewardship organization operating a
product stewardship program must update the stewardship plan and submit the updated
plan to the agency for review and approval.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. 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 all discarded carpet
regardless of which producer produced the carpet and its individual components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan and for
all producers participating in the product stewardship program;
new text end

new text begin (3) a description of the methods by which discarded carpet will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recycling facilities that
will manage discarded carpet;
new text end

new text begin (6) a description of how the discarded carpet and the carpet's components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle
the discarded carpet to ensure that the product's components, to the extent feasible, are
transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a stewardship assessment for any carpet sold in the state. The proposed
stewardship assessment shall be reviewed by an independent auditor to ensure that
the assessment does not exceed the costs of the product stewardship program and the
independent auditor shall recommend an amount for the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded carpet that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded carpet that will be collected and recycled and reused
during each year of the plan. The performance goals 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 amount of carpet disposed of annually;
new text end

new text begin (iii) the weight of the carpet that is expected to be available for collection annually;
and
new text end

new text begin (iv) actual collection data from other existing stewardship programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals;
new text end

new text begin (12) carpet design changes that will be considered to reduce toxicity, water use, or
energy use or to increase recycled content, recyclability, or carpet longevity; and
new text end

new text begin (13) a discussion of market development opportunities to expand use of recovered
carpet, with consideration of expanding processing activity near areas of collection.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin (a) Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
installers, collectors, recyclers, local government, customers, and citizens during the
development of the plan, solicit stakeholder comments, and attempt to address any
stakeholder concerns regarding the plan before submitting the plan to the agency for review.
new text end

new text begin (b) The producer or stewardship organization must invite comments from local
governments, communities, and citizens to report their satisfaction with services, including
education and outreach, provided by the product stewardship program. The information
must be submitted to the agency and used by the agency in reviewing proposed updates or
changes to the stewardship plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
5. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be
placed on the agency's Web site for at least 30 days and made available at the agency's
headquarters for public review and comment.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of carpet under this section 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 the producer's or organization's chosen
organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after the date of implementation
of a product stewardship program under this section, a producer of carpet must add the
stewardship assessment, as established according to subdivision 5, clause (9), to the cost
of the carpet sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers of carpet or the stewardship organization shall provide consumers
with educational materials regarding the stewardship assessment and product stewardship
program. The materials must include, but are not limited to, information regarding available
end-of-life management options for carpet offered through the product stewardship
program and information that notifies consumers that a charge for the operation of the
product stewardship program is included in the purchase price of carpet sold in the state.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after July 1, 2015, no carpet may
be sold in the state unless the carpet's producer is participating in an approved stewardship
plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program under
this section, each retailer or distributor, as applicable, must ensure that the full amount of
the stewardship assessment added to the cost of carpet by producers under subdivision 10
is included in the purchase price of all carpet sold in the state.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the carpet was ordered from the producer or its agent, the producer was listed
as compliant on the agency's Web site according to subdivision 14.
new text end

new text begin Subd. 12. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2016, producers of carpet
sold in the state must individually or through a stewardship organization submit an
annual report to the agency 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, transport, and process carpet in all
regions of the state;
new text end

new text begin (2) the weight of all carpet collected in all regions of the state and a comparison to
the performance goals and recycling rates established in the stewardship plan;
new text end

new text begin (3) the amount of unwanted carpet collected in the state by method of disposition,
including reuse, recycling, and other methods of processing;
new text end

new text begin (4) identification of the facilities processing carpet and the number and weight
processed at each facility;
new text end

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

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

new text begin (7) a description of progress made toward achieving carpet design changes according
to subdivision 5, clause (12).
new text end

new text begin Subd. 13. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 14. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
new text end

new text begin Subd. 15. new text end

new text begin Local government responsibilities. new text end

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

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

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report for the first year of the program to the agency using the reporting
form provided by the agency on the cost savings as a result of participation and describe
how the savings were used.
new text end

new text begin Subd. 16. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative
fee. The agency shall set the fee at an amount that, when paid by every stewardship
organization or individual producer that submits a stewardship plan, is adequate to cover
the agency's full costs of administering and enforcing this section. The agency may
establish a variable fee based on relevant factors, including, but not limited to, the portion
of carpet sold in the state by members of the organization compared to the total amount of
carpet sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this subdivision must not
exceed the amount necessary to cover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan.
new text end

new text begin (d) A stewardship organization or individual producer subject to this subdivision must
pay to the commissioner the agency's administrative fee under paragraph (a) on or before
July 1, 2015, and annually thereafter and the agency's onetime development fee under
paragraph (c) on or before July 1 the year following submission of a stewardship plan. Each
year after the initial payment, the annual administrative fee may not exceed five percent of
the aggregate stewardship assessment collected in the state for the preceding calendar year.
new text end

new text begin (e) The commissioner must deposit the fees collected under this section in the
state treasury and credit the fee to the miscellaneous special revenue account in the
environmental fund. Fees in the account may be used by the commissioner to implement
and enforce this section.
new text end

Sec. 3.

new text begin [115A.1415] ARCHITECTURAL PAINT; PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
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) "architectural paint" means interior and exterior architectural coatings sold in
containers of five gallons or less. Architectural paint does not include industrial coatings,
original equipment coatings, or specialty coatings;
new text end

new text begin (2) "brand" means a name, symbol, word, or mark that identifies architectural paint,
rather than its components, and attributes the paint to the owner or licensee of the brand as
the producer;
new text end

new text begin (3) "discarded paint" means architectural paint that is no longer used for its
manufactured purpose;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of architectural paint
sold in the state;
new text end

new text begin (ii) imports architectural paint branded by a producer that meets item (i) when the
producer has no physical presence in the United States;
new text end

new text begin (iii) if items (i) and (ii) do not apply, makes unbranded architectural paint that is
sold in the state; or
new text end

new text begin (iv) sells architectural paint at wholesale or retail, does not have legal ownership of
the brand, and elects to fulfill the responsibilities of the producer for the architectural paint
by certifying that election in writing to the commissioner;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers architectural paint for sale at retail in
the state;
new text end

new text begin (7) "reuse" means donating or selling collected architectural paint back into the
market for its original intended use, when the architectural paint retains its original
purpose and performance characteristics;
new text end

new text begin (8) "sale" or "sell" means transfer of title of architectural paint for consideration,
including a remote sale conducted through a sales outlet, catalog, Web site, or similar
electronic means. Sale or sell includes a lease through which architectural paint is
provided to a consumer by a producer, wholesaler, or retailer;
new text end

new text begin (9) "stewardship assessment" means the amount added to the purchase price of
architectural paint sold in the state that is necessary to cover the cost of collecting,
transporting, and processing postconsumer architectural paint by the producer or
stewardship organization pursuant to a product stewardship program;
new text end

new text begin (10) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (11) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For architectural paint sold in the state,
producers must, individually or through a stewardship organization, implement and
finance a statewide product stewardship program that manages the architectural paint by
reducing the paint's waste generation, promoting its reuse and recycling, and providing for
negotiation and execution of agreements to collect, transport, and process the architectural
paint for end-of-life recycling and reuse.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after July 1, 2014, or three months after
program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
or offer for sale in the state architectural paint unless the paint's producer participates in an
approved stewardship plan, either individually or through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before March 1, 2014, and before
offering architectural paint for sale in the state, a producer must submit a stewardship
plan to the agency and receive approval of the plan or must submit documentation to the
agency that demonstrates the producer has entered into an agreement with a stewardship
organization to be an active participant in an approved product stewardship program as
described in subdivision 2. A stewardship plan must include all elements required under
subdivision 5.
new text end

new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must
be submitted every five years.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. 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 all discarded
paint regardless of which producer produced the architectural paint and its individual
components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of
all producers 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 by which the discarded paint will be collected in all
areas in the state without relying on end-of-life fees, including an explanation of how the
collection system will be convenient and adequate to serve the needs of small businesses
and residents in both urban and rural areas on an ongoing basis and a discussion of how
the existing household hazardous waste infrastructure will be considered when selecting
collection sites;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will
manage discarded paint;
new text end

new text begin (6) a description of how the discarded paint and the paint's components will be
safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to reuse, deconstruct, or recycle
the discarded paint to ensure that the paint's components, to the extent feasible, are
transformed or remanufactured into finished products for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) the proposed stewardship assessment. The producer or stewardship organization
shall propose a uniform stewardship assessment for any architectural paint sold in the
state. The proposed stewardship assessment shall be reviewed by an independent auditor
to ensure that the assessment does not exceed the costs of the product stewardship program
and the independent auditor shall recommend an amount for the stewardship assessment.
The agency must approve the stewardship assessment;
new text end

new text begin (10) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (11) five-year performance goals, including an estimate of the percentage of
discarded paint that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific goal for the
amount of discarded paint that will be collected and recycled and reused during each year
of the plan. The performance goals 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 amount of architectural paint disposed of annually;
new text end

new text begin (iii) the weight of the architectural paint that is expected to be available for collection
annually; and
new text end

new text begin (iv) actual collection data from other existing stewardship programs.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals; and
new text end

new text begin (12) a discussion of the status of end markets for collected architectural paint and
what, if any, additional end markets are needed to improve the functioning of the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including
retailers, contractors, collectors, recyclers, local government, and customers during the
development of the plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
4. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be
placed on the agency's Web site for at least 30 days and made available at the agency's
headquarters for public review and comment.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of architectural paint under this section
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 the producer's or organization's
chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of producers. new text end

new text begin (a) On and after the date of implementation
of a product stewardship program according to this section, a producer of architectural
paint must add the stewardship assessment, as established under subdivision 5, clause (9),
to the cost of architectural paint sold to retailers and distributors in the state by the producer.
new text end

new text begin (b) Producers of architectural paint or the stewardship organization shall provide
consumers with educational materials regarding the stewardship assessment and product
stewardship program. The materials must include, but are not limited to, information
regarding available end-of-life management options for architectural paint offered through
the product stewardship program and information that notifies consumers that a charge
for the operation of the product stewardship program is included in the purchase price of
architectural paint sold in the state.
new text end

new text begin Subd. 11. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after July 1, 2014, or three months
after program plan approval, whichever is sooner, no architectural paint may be sold in the
state unless the paint's producer is participating in an approved stewardship plan.
new text end

new text begin (b) On and after the implementation date of a product stewardship program according
to this section, each retailer or distributor, as applicable, must ensure that the full amount
of the stewardship assessment added to the cost of architectural paint by producers under
subdivision 10 is included in the purchase price of all architectural paint sold in the state.
new text end

new text begin (c) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (d) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the architectural paint was ordered from the producer or its agent, the producer
was listed as compliant on the agency's Web site according to subdivision 14.
new text end

new text begin Subd. 12. new text end

new text begin Stewardship reports. new text end

new text begin Beginning October 1, 2015, producers of
architectural paint sold in the state must individually or through a stewardship organization
submit an annual report to the agency 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, transport, and process architectural
paint in all regions of the state;
new text end

new text begin (2) the weight of all architectural paint collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
new text end

new text begin (3) the amount of unwanted architectural paint collected in the state by method of
disposition, including reuse, recycling, and other methods of processing;
new text end

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

new text begin (5) an independent financial audit.
new text end

new text begin Subd. 13. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 14. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
new text end

new text begin Subd. 15. new text end

new text begin Local government responsibilities. new text end

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

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

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report for the first year of the program to the agency using the reporting
form provided by the agency on the cost savings as a result of participation and describe
how the savings were used.
new text end

new text begin Subd. 16. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative fee.
The agency shall set the fee at an amount that, when paid by every stewardship organization
or individual producer that submits a stewardship plan, is adequate to cover the agency's
full costs of administering and enforcing this section. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of architectural
paint sold in the state by members of the organization compared to the total amount of
architectural paint sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this subdivision must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan. The commissioner
must make the proposed fee available for public review and comment for at least 30 days.
new text end

new text begin (d) A stewardship organization or individual producer subject to this section must
pay to the commissioner the agency's administrative fee under paragraph (a) on or before
July 1, 2014, and annually thereafter and the agency's onetime development fee under
paragraph (c) on or before July 1 the year following submission of a stewardship plan.
Each year after the initial payment, the annual administrative fee may not exceed five
percent of the aggregate stewardship assessment collected for the preceding calendar year.
new text end

new text begin (e) The commissioner must deposit the fees collected under this section in the
state treasury and credit the fee to the miscellaneous special revenue account in the
environmental fund. Fees in the account may be used by the commissioner to implement
and enforce this section.
new text end

Sec. 4.

new text begin [115A.142] PRIMARY BATTERIES; PRODUCT STEWARDSHIP
PROGRAM; STEWARDSHIP PLAN.
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 meaning given:
new text end

new text begin (1) "brand" means a name, symbol, word, or mark that identifies a primary battery,
rather than its components, and attributes the battery to the owner or licensee of the brand
as the producer;
new text end

new text begin (2) "discarded battery" means a primary battery that is no longer used for its
manufactured purpose;
new text end

new text begin (3) "primary battery" means an electric cell that generates an electromotive force by
the direct and usually irreversible conversion of chemical energy into electrical energy.
It cannot be recharged efficiently by an electric current;
new text end

new text begin (4) "producer" means a person that:
new text end

new text begin (i) has legal ownership of the brand, brand name, or cobrand of a primary battery
sold in the state;
new text end

new text begin (ii) imports a primary battery branded by a producer that meets item (i) when the
producer has no physical presence in the United States;
new text end

new text begin (iii) if items (i) and (ii) do not apply, makes an unbranded primary battery that is
sold in the state; or
new text end

new text begin (iv) sells a primary battery at wholesale or retail, does not have legal ownership
of the brand, and elects to fulfill the responsibilities of the producer for the battery by
certifying that election in writing to the commissioner;
new text end

new text begin (5) "recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that
do not cause the destruction of recyclable materials in a manner that precludes further use;
new text end

new text begin (6) "retailer" means any person who offers primary batteries for sale at retail in
the state;
new text end

new text begin (7) "sale" or "sell" means transfer of title of a primary battery for consideration,
including a remote sale conducted through a sales outlet, catalog, Web site, or similar
electronic means. Sale or sell includes a lease through which a primary battery is provided
to a consumer by a producer, wholesaler, or retailer;
new text end

new text begin (8) "stewardship organization" means an organization appointed by one or more
producers to act as an agent on behalf of the producer to design, submit, and administer a
product stewardship program under this section; and
new text end

new text begin (9) "stewardship plan" means a detailed plan describing the manner in which a
product stewardship program under subdivision 2 will be implemented.
new text end

new text begin Subd. 2. new text end

new text begin Product stewardship program. new text end

new text begin For each primary battery sold in the
state, producers must, individually or through a stewardship organization, implement
and finance a statewide product stewardship program that manages primary batteries by
reducing primary battery waste generation, promoting primary battery recycling, and
providing for negotiation and execution of agreements to collect, transport, and process
primary batteries for end-of-life recycling.
new text end

new text begin Subd. 3. new text end

new text begin Requirement for sale. new text end

new text begin (a) On and after December 1, 2014, or three months
after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may
sell or offer for sale in the state a primary battery unless the battery's producer participates
in an approved stewardship plan, either individually or through a stewardship organization.
new text end

new text begin (b) Each producer must operate a product stewardship program approved by the
agency or enter into an agreement with a stewardship organization to operate, on the
producer's behalf, a product stewardship program approved by the agency.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to submit plan. new text end

new text begin (a) On or before August 1, 2014, and before
offering a primary battery for sale in the state, a producer must submit a stewardship
plan to the agency and receive approval of the plan or must submit documentation to the
agency that demonstrates the producer has entered into an agreement with a stewardship
organization to be an active participant in an approved product stewardship program as
described in subdivision 2. A stewardship plan must include all elements required under
subdivision 5.
new text end

new text begin (b) An amendment to the plan, if determined necessary by the commissioner, must
be submitted every five years.
new text end

new text begin (c) It is the responsibility of the entities responsible for each stewardship plan to
notify the agency within 30 days of any significant changes or modifications to the plan or
its implementation. Within 30 days of the notification, a written plan revision must be
submitted to the agency for review and approval.
new text end

new text begin Subd. 5. 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 discarded primary
batteries regardless of which producer produced the batteries and their individual
components;
new text end

new text begin (2) contact information for the individual and the entity submitting the plan, a list of
all producers 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 by which the discarded primary batteries will
be collected in all areas in the state without relying on end-of-life fees, including an
explanation of how the collection system will be convenient and adequate to serve the
needs of small businesses and residents in both urban and rural areas on an ongoing basis;
new text end

new text begin (4) a description of how the adequacy of the collection program will be monitored
and maintained;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will
manage discarded batteries;
new text end

new text begin (6) a description of how the discarded batteries and the batteries' components will
be safely and securely transported, tracked, and handled from collection through final
recycling and processing;
new text end

new text begin (7) a description of the method that will be used to recycle the discarded primary
batteries to ensure that the batteries' components, to the extent feasible, are transformed or
remanufactured into finished batteries for use;
new text end

new text begin (8) a description of the promotion and outreach activities that will be used to
encourage participation in the collection and recycling programs and how the activities'
effectiveness will be evaluated and the program modified, if necessary;
new text end

new text begin (9) evidence of adequate insurance and financial assurance that may be required for
collection, handling, and disposal operations;
new text end

new text begin (10) five-year performance goals, including an estimate of the percentage of
discarded batteries that will be collected, reused, and recycled during each of the first five
years of the stewardship plan. The performance goals must include a specific escalating
goal for the amount of discarded batteries that will be collected and recycled during each
year of the plan. The performance goals 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 amount of primary batteries disposed of annually;
new text end

new text begin (iii) the weight of primary batteries that is expected to be available for collection
annually;
new text end

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

new text begin (v) the market share of the producers participating in the plan.
new text end

new text begin The stewardship plan must state the methodology used to determine these goals; and
new text end

new text begin (11) a discussion of the status of end markets for discarded batteries and what, if any,
additional end markets are needed to improve the functioning of the program.
new text end

new text begin Subd. 6. new text end

new text begin Consultation required. new text end

new text begin Each stewardship organization or individual
producer submitting a stewardship plan must consult with stakeholders including retailers,
collectors, recyclers, local government, and customers during the development of the plan.
new text end

new text begin Subd. 7. new text end

new text begin Agency review and approval. new text end

new text begin (a) Within 90 days after receipt of a proposed
stewardship plan, the agency shall determine whether the plan complies with subdivision
5. If the agency approves a plan, the agency shall notify the applicant of the plan approval
in writing. If the agency rejects a plan, the agency shall notify the applicant in writing of
the reasons for rejecting the plan. An applicant whose plan is rejected by the agency must
submit a revised plan to the agency within 60 days after receiving notice of rejection.
new text end

new text begin (b) Any proposed changes to a stewardship plan must be approved by the agency
in writing.
new text end

new text begin Subd. 8. new text end

new text begin Plan availability. new text end

new text begin All draft and approved stewardship plans shall be
placed on the agency's Web site for at least 30 days and made available at the agency's
headquarters for public review and comment.
new text end

new text begin Subd. 9. new text end

new text begin Conduct authorized. new text end

new text begin A producer or stewardship organization that
organizes collection, transport, and processing of primary batteries under this section
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 the producer's or organization's
chosen organized collection or recycling system.
new text end

new text begin Subd. 10. new text end

new text begin Responsibility of retailers. new text end

new text begin (a) On and after December 1, 2014, or three
months after program plan approval, whichever is sooner, no primary battery may be sold
in the state unless the battery's producer is participating in an approved stewardship plan.
new text end

new text begin (b) Any retailer may participate, on a voluntary basis, as a designated collection
point pursuant to a product stewardship program under this section and in accordance
with applicable law.
new text end

new text begin (c) No retailer or distributor shall be found to be in violation of this subdivision if,
on the date the primary battery was ordered from the producer or its agent, the producer
was listed as compliant on the agency's Web site according to 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 March 1, 2016, producers of primary
batteries sold in the state must individually or through a stewardship organization
submit an annual report to the agency 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, transport, and process primary
batteries in all regions of the state;
new text end

new text begin (2) the weight of all primary batteries collected in all regions of the state and a
comparison to the performance goals and recycling rates established in the stewardship
plan;
new text end

new text begin (3) the amount of discarded primary batteries collected in the state by method of
disposition, including recycling and other methods of processing;
new text end

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

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

new text begin Subd. 12. new text end

new text begin Data classification. new text end

new text begin Trade secret information, as defined under section
13.37, submitted to the agency under this section is nonpublic data under section 13.37,
subdivision 2.
new text end

new text begin Subd. 13. new text end

new text begin Agency responsibilities. new text end

new text begin The agency shall provide, on its Web site, a
list of all compliant producers and brands participating in stewardship plans that the
agency has approved and a list of all producers and brands the agency has identified as
noncompliant with this section.
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
agency may choose to participate voluntarily in a product stewardship program.
new text end

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

new text begin (c) A city, county, or other public agency that participates in a product stewardship
program must report for the first year of the program to the agency using the reporting
form provided by the agency on the cost savings as a result of participation and describe
how the savings were used.
new text end

new text begin Subd. 15. new text end

new text begin Private enforcement. new text end

new text begin (a) The operator of a statewide product stewardship
program established under subdivision 2 that incurs costs exceeding $5,000 to collect,
handle, recycle, or properly dispose of discarded primary batteries sold or offered for sale
in Minnesota by a producer who does not implement its own program or participate in a
program implemented by a stewardship organization, may bring a civil action or actions
to recover costs and fees as specified in paragraph (b) from each nonimplementing or
nonparticipating producer who can reasonably be identified from a brand or marking on a
used consumer battery or from other information.
new text end

new text begin (b) An action under paragraph (a) may be brought against one or more primary
battery producers, provided that no such action may be commenced:
new text end

new text begin (1) prior to 60 days after written notice of the operator's intention to file suit has been
provided to the agency and the defendant or defendants; or
new text end

new text begin (2) if the agency has commenced enforcement actions under subdivision 10 and is
diligently pursuing such actions.
new text end

new text begin (c) In any action under paragraph (b), the plaintiff operator may recover from
a defendant nonimplementing or nonparticipating primary battery producer costs the
plaintiff incurred to collect, handle, recycle, or properly dispose of primary batteries
reasonably identified as having originated from the defendant, plus the plaintiff's attorneys'
fees and litigation costs.
new text end

new text begin Subd. 16. new text end

new text begin Administrative fee. new text end

new text begin (a) The stewardship organization or individual
producer submitting a stewardship plan shall pay the agency an annual administrative fee.
The agency shall set the fee at an amount that, when paid by every stewardship organization
or individual producer that submits a stewardship plan, is adequate to cover the agency's
full costs of administering and enforcing this section. The agency may establish a variable
fee based on relevant factors, including, but not limited to, the portion of primary batteries
sold in the state by members of the organization compared to the total amount of primary
batteries sold in the state by all organizations submitting a stewardship plan.
new text end

new text begin (b) The total amount of annual fees collected under this section must not exceed
the amount necessary to recover costs incurred by the agency in connection with the
administration and enforcement of this section.
new text end

new text begin (c) The agency shall identify the direct program development or regulatory costs
it incurs under this section before stewardship plans are submitted and shall establish a
fee in an amount adequate to cover those costs, which shall be paid by a stewardship
organization or individual producer that submits a stewardship plan. The commissioner
must make the proposed fee available for public review and comment for at least 30 days.
new text end

new text begin (d) A stewardship organization or individual producer subject to this section must
pay to the commissioner the agency's administrative fee under paragraph (a) on or before
July 1, 2015, and annually thereafter and the agency's onetime development fee under
paragraph (c) on or before July 1 the year following submission of a stewardship plan.
new text end

new text begin (e) The commissioner must deposit the fees collected under this section in the
state treasury and credit the fee to the miscellaneous special revenue account in the
environmental fund. Fees in the account may be used by the commissioner to implement
and enforce this section.
new text end

Sec. 5.

new text begin [115A.1425] REPORT TO LEGISLATURE AND GOVERNOR.
new text end

new text begin As part of the report required under section 115A.121, the commissioner of the
Pollution Control Agency shall provide a report to the governor and the legislature on the
implementation of sections 115A.141, 115A.1415, and 115A.142.
new text end

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

new text begin Sections 1 to 5 are effective July 1, 2013.
new text end