1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to environment; amending provisions 1.3 regulating toxics in packaging; regulating contents of 1.4 certain products; establishing an advisory council; 1.5 amending Minnesota Statutes 1996, sections 115A.965, 1.6 subdivisions 3, 7, and by adding a subdivision; and 1.7 115A.9651; repealing Minnesota Statutes 1996, section 1.8 115A.965, subdivision 6. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1996, section 115A.965, 1.11 subdivision 3, is amended to read: 1.12 Subd. 3. [EXEMPTIONS.] (a) Until January 1, 2000, the 1.13 following packaging is exempt from the requirements of 1.14 subdivisions 1 and 2: 1.15 (1) packaging that would not exceed the total toxics 1.16 concentration levels under subdivision 2 but for the addition in 1.17 the packaging of materials that have fulfilled their intended 1.18 use and have been discarded by consumers; and 1.19 (2) packages that are reused but exceed the total toxics 1.20 concentration levels in subdivision 2, provided that: 1.21 (i) the product being conveyed by the package is regulated 1.22 under federal or state health or safety requirements; 1.23 (ii) transportation of the packaged product is regulated 1.24 under federal or state transportation requirements; and 1.25 (iii) disposal of the package is performed according to 1.26 federal or state radioactive or hazardous waste disposal 1.27 requirements. 2.1 (b) Until January 1, 2000, packages that have a controlled 2.2 distribution and reuse, but exceed the total toxics 2.3 concentration levels in subdivision 2 and do not meet the 2.4 requirements of paragraph (a), may be exempted from subdivisions 2.5 1 and 2 if the manufacturers or distributors of the packages 2.6 petition for and receive approval from the commissioner. In 2.7 granting approval, the commissioner shallwork with the2.8Coalition of Northeastern Governors Toxics in Packaging2.9Clearinghouse andbase the decision on satisfactory 2.10 demonstrations that the environmental benefit of the controlled 2.11 distribution and reuse is significantly greater compared to the 2.12 same package manufactured in compliance with the total toxics 2.13 concentration levels in subdivision 2, and on plans proposed by 2.14 the manufacturer that include each of the following elements: 2.15 (1) a means of identifying the packaging in a permanent and 2.16 visible manner; 2.17 (2) a method of regulatory and financial accountability so 2.18 that a specified percentage of the packaging manufactured and 2.19 distributed to other persons is not discarded by those persons 2.20 after use but are returned to the manufacturer or the 2.21 manufacturer's designee; 2.22 (3) a system of inventory and record maintenance to account 2.23 for the packaging placed in, and removed from, service; 2.24 (4) a means of transforming packaging that is no longer 2.25 reusable into recycled materials for manufacturing or into 2.26 manufacturing wastes which are subject to existing federal or 2.27 state laws or regulations governing such manufacturing wastes 2.28 that ensure that these wastes do not enter the industrial or 2.29 mixed municipal solid waste stream; and 2.30 (5) a system of annually reporting to the commissioner 2.31 changes to the system and changes in designees. 2.32 (c) Packaging to which lead, cadmium, mercury, or 2.33 hexavalent chromium has been intentionally introduced in the 2.34 manufacturing process may be exempted from the requirements of 2.35 subdivisions 1 and 2 by the commissioner of the pollution 2.36 control agency if: 3.1 (1) the use of the toxic element in the packaging is 3.2 required by federal or state health or safety laws; or 3.3 (2) there is no feasible alternative for the packaging 3.4 because the toxic element used is essential to the protection, 3.5 safe handling, or function of the contents of the package. 3.6 The commissioner may grant an exemption under this 3.7 paragraph for a period not to exceed two years upon application 3.8 by the packaging manufacturer that includes documentation 3.9 showing that the criteria for an exemption are met. Exemptions 3.10 granted by the commissioner may be renewed upon reapplication 3.11 every two years. 3.12 Sec. 2. Minnesota Statutes 1996, section 115A.965, is 3.13 amended by adding a subdivision to read: 3.14 Subd. 6a. [IMPLEMENTATION.] In the interests of promoting 3.15 consistent, nationally applicable standards, the commissioner 3.16 shall have discretion to coordinate efforts under this section 3.17 with similar efforts in other jurisdictions. 3.18 Sec. 3. Minnesota Statutes 1996, section 115A.965, 3.19 subdivision 7, is amended to read: 3.20 Subd. 7. [REPORT.] By September 1 of each odd-numbered 3.21 year, the commissioner shall prepare and submit to the 3.22 environment and natural resources committees of the senate and 3.23 house of representatives, the finance division of the senate 3.24 committee on environment and natural resources, and the house of 3.25 representatives committee on environment and natural resources 3.26 finance a report to include: 3.27 (1) enforcement actions taken by the commissioner under 3.28 this section for the reporting period; and 3.29 (2)issues and disputes that have arisen under this3.30section, the recommendations made by the Toxics in Packaging3.31Clearinghouse for resolution of those issues and disputes, and3.32how those issues and disputes were finally resolved by the3.33commissioner.for each exemption granted, the identity of the 3.34 party requesting the exemption, a brief description of the 3.35 packaging, and the basis for granting the exemption. 3.36 Sec. 4. Minnesota Statutes 1996, section 115A.9651, is 4.1 amended to read: 4.2 115A.9651 [TOXICSLISTED METALS IN SPECIFIED PRODUCTS; 4.3 ENFORCEMENT.] 4.4 Subdivision 1. [PROHIBITION.](a) Except as provided in4.5paragraphs (d) and (e), no person may distribute for sale or use4.6in this state any ink, dye, pigment, paint, or fungicide4.7manufactured after September 1, 1994, into which lead, cadmium,4.8mercury, or hexavalent chromium has been intentionally4.9introduced.4.10(b) For the purposes of this subdivision, "intentionally4.11introduce" means to deliberately use a metal listed in paragraph4.12(a) as an element during manufacture or distribution of an item4.13listed in paragraph (a). Intentional introduction does not4.14include the incidental presence of any of the prohibited4.15elements.4.16(c) The concentration of a listed metal in an item listed4.17in paragraph (a) may not exceed 100 parts per million.4.18(d) The prohibition on the use of lead in substances4.19utilized in marking road, street, highway, and bridge pavements4.20does not take effect until July 1, 1998.4.21(e) The use of lead in substances utilized in marking road,4.22street, highway, and bridge pavements is exempt from this4.23subdivision until July 1, 1998.After July 1, 1998, no person 4.24 may distribute a listed product for sale or use in this state. 4.25Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in4.26subdivision 1 is exempt from this section until July 1, 1998, if4.27the manufacturer of the item submitted to the commissioner a4.28written request for an exemption by August 1, 1994. The request4.29must include at least:4.30(1) an explanation of why compliance is not technically4.31feasible at the time of the request;4.32(2) how the manufacturer will comply by July 1, 1997; and4.33(3) the name, address, and telephone number of a person the4.34commissioner can contact for further information.4.35(b) By September 1, 1994, a person who uses an item listed4.36in subdivision 1, into which one of the listed metals has been5.1intentionally introduced, may submit, on behalf of the5.2manufacturer, a request for temporary exemption only if the5.3manufacturer fails to submit an exemption request as provided in5.4paragraph (a). The request must include:5.5(1) an explanation of why the person must continue to use5.6the item and a discussion of potential alternatives;5.7(2) an explanation of why it is not technically feasible at5.8the time of the request to formulate or manufacture the item5.9without intentionally introducing a listed metal;5.10(3) that the person will seek alternatives to using the5.11item by July 1, 1997, if it still contains an intentionally5.12introduced listed metal; and5.13(4) the name, address, and telephone number of a person the5.14commissioner can contact for further information.5.15(c) A person who submits a request for temporary exemption5.16under paragraph (b) may submit a request for a temporary5.17exemption after September 1, 1994, for an item that the person5.18will use as an alternative to the item for which the request was5.19originally made as long as the new item has a total5.20concentration level of all the listed metals that is5.21significantly less than in the original item. An exemption5.22under this paragraph expires July 1, 1998, and the person who5.23requests it must submit the progress description required in5.24paragraph (e).5.25(d) By October 1, 1994, and annually thereafter if requests5.26are received under paragraph (c), the commissioner shall submit5.27to the environment and natural resources committees of the5.28senate and house of representatives, the finance division of the5.29senate committee on environment and natural resources, and the5.30house of representatives committee on environment and natural5.31resources finance a list of manufacturers and persons that have5.32requested an exemption under this subdivision and the items for5.33which exemptions were sought, along with copies of the requests.5.34(e) By July 1, 1996, each manufacturer on the list shall5.35submit to the commissioner a description of the progress the5.36manufacturer has made toward compliance with subdivision 1, and6.1the date compliance has been achieved or the date on or before6.2July 1, 1998, by which the manufacturer anticipates achieving6.3compliance. By July 1, 1996, each person who has requested an6.4exemption under paragraph (b) or (c) shall submit to the6.5commissioner:6.6(1) a description of progress made to eliminate the listed6.7metal or metals from the item or progress made by the person to6.8find a replacement item that does not contain an intentionally6.9introduced listed metal; and6.10(2) the date or anticipated date the item is or will be6.11free of intentionally introduced metals or the date the person6.12has stopped or will stop using the item.6.13By October 1, 1996, the commissioner shall submit to the6.14environment and natural resources committees of the senate and6.15house of representatives, the finance division of the senate6.16committee on environment and natural resources, and the house of6.17representatives committee on environment and natural resources6.18finance a summary of the progress made by the manufacturers and6.19other persons and any recommendations for appropriate6.20legislative or other action to ensure that products are not6.21distributed in the state after July 1, 1998, that violate6.22subdivision 1.6.23 Subd. 2. [DEFINITIONS.] (a) For the purposes of this 6.24 section, the following terms have the meanings given them. 6.25 (b) "Council" means the council established under 6.26 subdivision 5. 6.27 (c) "Essential product" means a specified product into 6.28 which the introduction of a listed metal is required under 6.29 military specifications or to ensure the integrity of a product 6.30 essential for aviation or railroad safety, and which is being 6.31 used only in that application. 6.32 (d) "Intentionally introduce" means to deliberately use a 6.33 listed metal as an element during manufacture or distribution of 6.34 a specified product. Intentional introduction does not include 6.35 the incidental presence of a listed metal. 6.36 (e) "Listed metal" means lead, cadmium, mercury, or 7.1 hexavalent chromium. 7.2 (f) "Listed product" means a specified product that is 7.3 included on the prohibited products list published under 7.4 subdivision 4. 7.5 (g) "New product" means a specified product which was not 7.6 used, sold, or distributed in the state before July 2, 1998, or 7.7 which has been reformulated so that it contains more of a listed 7.8 metal. 7.9 (h) "Official" means an officer of a corporation, a general 7.10 partner of a partnership or limited partnership, a sole 7.11 proprietor, or, in the case of any other entity, a person with 7.12 high level management responsibilities. 7.13 (i) "Specified product" means an ink, dye, pigment, paint, 7.14 or fungicide into which a listed metal has been intentionally 7.15 introduced or in which the incidental presence of a listed metal 7.16 exceeds a concentration of 100 parts per million. 7.17 Subd. 3. [APPLICATION; ENFORCEMENTCERTIFICATION OF 7.18 COMPLIANCE.] (a)This section does not apply to art supplies.7.19(b) This section may be enforced under sections 115.071 and7.20116.072. The attorney general or the commissioner of the agency7.21shall coordinate enforcement of this section with the director7.22of the office.By July 1, 1998, each person who has filed the 7.23 progress report specified in Laws 1994, chapter 585, section 30, 7.24 subdivision 2, paragraph (e), indicating compliance would be 7.25 achieved by July 1, 1998, shall certify to the commissioner that 7.26 the products referenced in that report have been reformulated 7.27 and no longer meet the definition of a specified product. The 7.28 certification must be in writing and signed by an official of 7.29 the company. If, due to significant change in circumstances, 7.30 the person cannot so certify by July 1, 1998, a product review 7.31 report and fee shall be submitted as provided under subdivision 7.32 6. 7.33 (b) The person submitting the certification shall keep a 7.34 copy on file and make copies available to the commissioner or 7.35 the attorney general upon request or to any member of the public 7.36 within 60 days of receipt of a written request that specifies 8.1 the type of product for which the information is requested. 8.2 Subd. 4. [PROHIBITED PRODUCTS LIST.] By October 1, 1998, 8.3 the commissioner shall publish in the State Register a list of 8.4 specified products for which the commissioner has received 8.5 certifications as provided under subdivision 3. 8.6 Subd. 5. [LISTED METALS ADVISORY COUNCIL.] (a) The purpose 8.7 of the listed metals advisory council is to promote sustainable 8.8 development, as defined in section 4A.07, the public health and 8.9 welfare and protect the environment and the state's economy by 8.10 removing listed metals from specified products so that the 8.11 listed metals do not contribute to bioaccumulation and burden 8.12 taxpayers with unnecessary disposal costs. 8.13 (b) By July 1, 1997, the commissioner shall appoint a 8.14 listed metals advisory council consisting of the following five 8.15 permanent members: a chair, a representative of government, a 8.16 representative of business, a representative of a citizens' 8.17 organization, and a representative from a relevant field of 8.18 academia. Temporary members of the council shall be appointed 8.19 by the commissioner under paragraph (f). No permanent or 8.20 temporary member of the council who is an employee of a 8.21 manufacturer or user of a specified product may sit in 8.22 consideration of that product. 8.23 (c) The council shall have the following duties: 8.24 (1) review reports submitted under subdivisions 6, 7, and 8 8.25 and provide advice to the commissioner pursuant to paragraph 8.26 (d); and 8.27 (2) report to the commissioner on October 1, 2000, and 8.28 October 1, 2005, on any reasonable measures that would allow the 8.29 criteria in paragraph (d) to be met with regard to products 8.30 reviewed based on information obtained during the review of 8.31 products. 8.32 (d) The council's advice to the commissioner under 8.33 paragraph (c), clause (1), shall be based on an evaluation of 8.34 the environmental impact of the product and the ability of the 8.35 manufacturer or user to reduce or eliminate the listed metal. 8.36 Before making a recommendation that the commissioner take action 9.1 under subdivision 9, the council must conclude that: 9.2 (1) there is an alternative to the specified product that 9.3 does not contain the listed metal that performs the same 9.4 technical function, is commercially available, and is 9.5 economically practicable; and 9.6 (2) replacement of the product with the alternative will 9.7 result in an environmental benefit in the state. 9.8 (e) A recommendation that the commissioner take action 9.9 under subdivision 9 shall include the information required by 9.10 section 14.131 to the extent the council, through reasonable 9.11 effort, can ascertain this information. 9.12 (f) Before the council evaluates a specific product or 9.13 group of products, the commissioner shall appoint temporary 9.14 council members in an even number up to six. The commissioner 9.15 shall seek to appoint as temporary members persons having 9.16 expertise on the product or group of products under review as 9.17 well as persons representing community interests. The temporary 9.18 members shall be voting members of the council on all matters 9.19 related to consideration of the product or group of products. 9.20 The terms of the temporary members shall expire when the council 9.21 has completed its review of the product or group of products and 9.22 has submitted its recommendation to the commissioner pursuant to 9.23 this subdivision. 9.24 (g) The permanent members of the council must prioritize 9.25 the council's review of a specific product or group of products 9.26 by publishing a notice in the State Register by October 1, 1998, 9.27 identifying those specified products, or groups of products, 9.28 which will be reviewed by July 1, 2000. By October 1, 2000, the 9.29 council shall publish a notice in the State Register identifying 9.30 those specified products, or groups of products, which will be 9.31 reviewed by July 1, 2005. The council shall consider potential 9.32 environmental impacts in prioritizing its review. The council 9.33 shall notify manufacturers and users who have submitted product 9.34 review reports of the appropriate review schedule. A 9.35 manufacturer who has submitted a product review report may 9.36 request an expedited review by the council. 10.1 (h) The commissioner shall provide staff and administrative 10.2 services to the council. Compensation and removal of council 10.3 members shall be as provided in section 15.059, subdivisions 3 10.4 and 4. The council shall dissolve on June 30, 2006. 10.5 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 10.6 under subdivision 7, the manufacturer, or an association of 10.7 manufacturers, of any specified product distributed for sale or 10.8 use in this state that is not listed pursuant to subdivision 4 10.9 shall submit a product review report and fee as provided in 10.10 paragraph (c) to the commissioner for each product by July 1, 10.11 1998. Each product review report shall contain at least the 10.12 following: 10.13 (1) a policy statement articulating upper management 10.14 support for eliminating or reducing intentional introduction of 10.15 listed metals into its products; 10.16 (2) a description of the product and the amount of each 10.17 listed metal distributed for use in this state; 10.18 (3) a description of past and ongoing efforts to eliminate 10.19 or reduce the listed metal in the product; 10.20 (4) an assessment of options available to reduce or 10.21 eliminate the intentional introduction of the listed metal 10.22 including any alternatives to the specified product that do not 10.23 contain the listed metal, perform the same technical function, 10.24 are commercially available, and are economically practicable; 10.25 (5) a statement of objectives in numerical terms and a 10.26 schedule for achieving the elimination of the listed metals and 10.27 an environmental assessment of alternative products; 10.28 (6) a listing of options considered not to be technically 10.29 or economically practicable; and 10.30 (7) certification attesting to the accuracy of the 10.31 information in the report signed and dated by an official of the 10.32 manufacturer or user. 10.33 If the manufacturer fails to submit a product review report, a 10.34 user of a specified product may submit a report and fee which 10.35 comply with this subdivision by August 15, 1998. 10.36 (b) By July 1, 1999, and annually thereafter until the 11.1 commissioner takes action under subdivision 9, the manufacturer 11.2 or user must submit a progress report and fee as provided in 11.3 paragraph (c) updating the information presented under paragraph 11.4 (a). 11.5 (c) The fee shall be $295 for each report. The fee shall 11.6 be deposited in the state treasury and credited to the 11.7 environmental fund. 11.8 (d) Where it cannot be determined from a progress report 11.9 submitted by a person pursuant to Laws 1994, chapter 585, 11.10 section 30, subdivision 2, paragraph (e), the number of products 11.11 for which product review reports are due under this subdivision, 11.12 the commissioner shall have the authority to determine, after 11.13 consultation with that person, the number of products for which 11.14 product review reports are required. 11.15 (e) The commissioner shall summarize, aggregate, and 11.16 publish data reported under paragraphs (a) and (b) annually. 11.17 (f) A product that is the subject of a decision under 11.18 section 115A.965 is exempt from this section. 11.19 Subd. 7. [ESSENTIAL PRODUCTS; PUBLISHED LIST.] (a) By 11.20 January 1, 1998, a manufacturer or user of an essential product 11.21 must submit a certification to the commissioner that the product 11.22 meets the definition in subdivision 2, paragraph (c). By July 11.23 1, 2002, each manufacturer or user of an essential product shall 11.24 submit a report to the commissioner which includes the 11.25 information required in subdivision 6, paragraph (a), and a 11.26 statement of whether the product continues to meet the 11.27 definition in subdivision 2, paragraph (c). 11.28 (b) By October 1, 1998, the commissioner shall publish in 11.29 the State Register a list of essential products for which the 11.30 commissioner has received certification pursuant to this 11.31 subdivision. By October 1, 2002, the commissioner shall publish 11.32 in the State Register a list of essential products based on 11.33 reports submitted by July 1, 2002, as provided in paragraph (a). 11.34 Subd. 8. [NEW PRODUCTS; CRITERIA FOR REVIEW.] (a) After 11.35 July 1, 1998, but before July 1, 2005, no person shall sell, 11.36 distribute, or offer for sale in this state a new product prior 12.1 to the manufacturer or user submitting a product review report 12.2 and fee specified in subdivision 6. 12.3 (b) The council shall review reports submitted under this 12.4 subdivision and provide advice to the commissioner. The 12.5 council's advice to the commissioner under this subdivision 12.6 shall be based on an evaluation of the environmental impact of 12.7 the product and the ability of the manufacturer or user to 12.8 reduce or eliminate the listed metal. Before making a 12.9 recommendation that the commissioner take action under 12.10 subdivision 9, the council must conclude that: 12.11 (1) there is an alternative to the specified product that 12.12 does not contain the listed metal that performs the same 12.13 technical function, is commercially available, and is 12.14 economically practicable, and replacement of the product with 12.15 the alternative will result in an environmental benefit in the 12.16 state; or 12.17 (2) if there is no alternative to the new product, that the 12.18 use of the listed metal in the new product presents a 12.19 significant threat to the safe and efficient operation of waste 12.20 facilities, or use of the listed metal does not increase the 12.21 useful life span of the new product, reduce the overall toxicity 12.22 of the final product or of material used in production of the 12.23 final product, or otherwise provide a net environmental benefit 12.24 to the state. 12.25 (c) Notwithstanding subdivision 5, paragraph (f), where the 12.26 commissioner determines that a new product subject to paragraph 12.27 (a) is sufficiently similar to a product or products previously 12.28 reviewed by the council, the commissioner may authorize the 12.29 permanent members of the council to perform the duties 12.30 established in paragraph (b) without the appointment of 12.31 temporary members. In performing those duties, the council 12.32 shall utilize information gathered in any previous review of a 12.33 similar product or products. 12.34 (d) Beginning July 1, 2005, no person shall sell, 12.35 distribute, or offer for sale in this state a new product 12.36 without the commissioner's approval. A person seeking approval 13.1 of a new product shall submit a product review report including 13.2 the information and fee specified in subdivision 6. The 13.3 commissioner shall not approve the new product unless the 13.4 commissioner determines that it meets the criteria in paragraph 13.5 (b). The commissioner shall make a determination within six 13.6 months of receipt of a complete request. 13.7 Subd. 9. [AUTHORITY OF COMMISSIONER.] (a) The commissioner 13.8 may, upon the recommendation of the council, prohibit the 13.9 distribution for sale or use in this state of a specified 13.10 product that is not an essential product. 13.11 (b) Before taking action under this subdivision, the 13.12 commissioner must conclude that: 13.13 (1) there is an alternative to the specified product that 13.14 does not contain the listed metal that performs the same 13.15 technical function, is commercially available, and is 13.16 economically practicable, and replacement of the product with 13.17 the alternative will result in an environmental benefit to the 13.18 state; or 13.19 (2) if there is no alternative to the new product, that the 13.20 use of the listed metal in the new product presents a 13.21 significant threat to the safe and efficient operation of waste 13.22 facilities, or use of the listed metal does not increase the 13.23 useful life span of the new product, reduce the overall toxicity 13.24 of the final product or of material used in production of the 13.25 final product, or otherwise provide a net environmental benefit 13.26 to the state. 13.27 (c) If the commissioner fails to take action under this 13.28 subdivision as recommended by the council, the commissioner 13.29 shall submit a report to the legislature explaining the reasons 13.30 for not taking such action. 13.31 (d) The commissioner shall provide the legislature a report 13.32 and recommendations based on any report prepared by the council 13.33 under subdivision 5, paragraph (c), clause (2). 13.34 Subd. 10. [APPLICATION; ENFORCEMENT.] (a) This section 13.35 does not apply to art supplies. 13.36 (b) This section may be enforced under sections 115.071 and 14.1 116.072. The attorney general or the commissioner of the agency 14.2 shall coordinate enforcement of this section with the director 14.3 of the office. 14.4 Subd. 11. [RULEMAKING AUTHORITY.] (a) The pollution 14.5 control agency may adopt, amend, suspend, and repeal rules to 14.6 implement this section. 14.7 (b) Publication of notice under subdivision 5, paragraph 14.8 (g), shall be deemed to satisfy the requirements of section 14.9 14.101. 14.10 (c) The commissioner may adopt a council recommendation 14.11 under subdivision 5 as the agency's statement of need and 14.12 reasonableness. A recommendation adopted in this manner shall 14.13 be deemed to satisfy any content requirements for a statement of 14.14 need and reasonableness imposed by law. 14.15 (d) Any hearings on rules adopted under this section shall 14.16 be conducted in accordance with sections 14.14 to 14.20 and 14.17 address whether the rule meets the standards for review under 14.18 which the judge is required to approve or disapprove the rule. 14.19 (e) Section 14.125 does not apply to the agency's 14.20 rulemaking authority under this section. 14.21 (f) A rule adopted under this section is effective until 14.22 repealed by the agency. 14.23 Sec. 5. [REPEALER.] 14.24 Minnesota Statutes 1996, section 115A.965, subdivision 6, 14.25 is repealed. 14.26 Sec. 6. [EFFECTIVE DATE.] 14.27 Section 4 is effective the day following final enactment.