SF 2192

5th Engrossment - 88th Legislature (2013 - 2014) Posted on 10/30/2014 11:35am

A bill for an act
relating to environment; prohibiting and regulating certain lead and mercury
products; modifying ban on formaldehyde in children's products; prohibiting
certain cleaning products containing triclosan; amending Minnesota Statutes
2012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by
adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176;
325F.177; proposing coding for new law in Minnesota Statutes, chapters 116; 145.

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

Section 1.

Minnesota Statutes 2012, section 115A.932, subdivision 1, is amended to
read:

Subdivision 1.

Prohibitions and recycling requirements.

(a) A person may not
place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical
or scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or
other electrical mercury-containing device or product, as defined under section 116.92,
subdivision 10, from which the mercury has not been removed for reuse or recycling:

(1) in solid waste; or

(2) in a wastewater disposal system.

(b) A person may not knowingly place mercury or a thermostat, thermometer,
electric switch, appliance, gauge, medical or scientific instrument, fluorescent or
high-intensity discharge lamp, electric relay, or other electrical mercury-containing device
or product, as defined under section 116.92, subdivision 10, from which the mercury has
not been removed for reuse or recycling:

(1) in a solid waste processing facility; or

(2) in a solid waste disposal facility.

(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery
of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or
to a facility that collects and stores lamps for the purpose of delivering them to a lamp
recycling facility, including, but not limited to, a household hazardous waste collection
or recycling facility, retailer take-back and utility provider program sites, or other sites
designated by an electric utility under section 216B.241, subdivisions 2 and 4.

Sec. 2.

Minnesota Statutes 2012, section 116.92, subdivision 4, is amended to read:

Subd. 4.

Removal from service; products containing mercury.

(a) When an item
listed in subdivision 3 this section is removed from service, the mercury in the item must
be reused, recycled, or otherwise managed to ensure compliance with section 115A.932.

(b) A person who is in the business of replacing or repairing an item listed in
subdivision 3 this section in households shall ensure, or deliver the item to a facility that
will ensure, that the mercury contained in an item that is replaced or repaired is reused or
recycled or otherwise managed in compliance with section 115A.932.

(c) A person may not crush a motor vehicle unless the person has first made a good
faith effort to remove all of the mercury switches in the motor vehicle.

(d) An item managed according to the requirements of this section must be
transported in a container designed to prevent the escape of mercury into the environment
by volatilization or any other means.

Sec. 3.

Minnesota Statutes 2012, section 116.92, subdivision 5, is amended to read:

Subd. 5.

Thermostats.

(a) The definitions in this paragraph apply to this subdivision:

(1) "contractor" means a person engaged in the business of installing, servicing, or
removing thermostats and other heating, ventilation, and air conditioning components,
including a contractor removing thermostats in conjunction with renovation and
demolition activities in accordance with Minnesota Rules, part 7035.0805;

(2) "qualified contractor" means a contractor:

(i) who employs seven or more service technicians or installers;

(ii) who is located in an area outside of an urban area, as defined by the United
States Census Bureau; or

(iii) whose primary business consists of renovation and demolition activities;

(3) "retailer" means a person who sells thermostats of any kind directly to
homeowners or other end-users through any selling or distribution mechanism;

(4) "thermostat" means a temperature control device that may contain elemental
mercury in a sealed component that serves as a switch or temperature-sensing element and
a sealed component that has been removed from a temperature control device; and

(5) "wholesaler" means a person engaged in the distribution and wholesale sale of
thermostats and other heating, ventilation, and air conditioning components to contractors
who install heating, ventilation, and air conditioning components.

(b) A manufacturer of thermostats that contain mercury or that may replace
thermostats that contain mercury is responsible for the costs of collecting and managing
the replaced mercury-containing thermostats to ensure that the thermostats do not become
part of the solid waste stream.

(c) A manufacturer of thermostats that contain mercury or that may replace
thermostats that contain mercury shall, in addition to the requirements of subdivision 3,
provide incentives for and sufficient information to purchasers and consumers of the
thermostats for the purchasers or consumers to ensure that mercury in thermostats being
removed from service is reused or recycled or otherwise managed in compliance with
section 115A.932. A manufacturer that has complied with this subdivision is not liable for
improper disposal by purchasers or consumers of thermostats.

(d) A manufacturer of thermostats subject to this subdivision, or an organization
of manufacturers of thermostats and its officers, members, employees, and agents, may
participate in projects or programs to collect and properly manage waste thermostats. Any
person who participates in a project or program is immune from liability under state law
relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
or commerce for activities related to the collection and management of the thermostats
under this subdivision.

(e) A manufacturer of thermostats or organization of manufacturers of thermostats
that participates in a thermostat collection and management program under this subdivision
must report at least annually to the agency. The report must include:

(1) a description of how the program operates;

(2) a description of program components, including incentives provided under this
subdivision, and an evaluation of the program components' effectiveness in promoting
participation and recovery of thermostats;

(3) eligibility criteria for program participants;

(4) a list of program participants; and

(5) the number of thermostats remitted by each program participant during the
reporting period.

(f) A wholesaler, qualified contractor, or retailer may participate as a collection site
in a manufacturer's mercury thermostat collection and management program required
under this subdivision. A wholesaler or retailer that participates as a collection site
in a manufacturer's mercury thermostat collection and management program shall post
prominent signs at the wholesaler's or retailer's business location regarding the collection
and management of mercury thermostats.

Sec. 4.

Minnesota Statutes 2012, section 116.92, subdivision 6, is amended to read:

Subd. 6.

Mercury thermometers prohibited.

(a) A manufacturer, wholesaler, or
retailer may not sell or distribute at no cost a thermometer containing mercury that was
manufactured after June 1, 2001.

(b) Paragraph (a) does not apply to:

(1) an electronic thermometer with a battery containing mercury if the battery is in
compliance with section 325E.125;.

(2) a mercury thermometer used for food research and development or food
processing, including meat, dairy products, and pet food processing;

(3) a mercury thermometer that is a component of an animal agriculture climate
control system or industrial measurement system until such time as the system is replaced
or a nonmercury component for the system is available; or

(4) a mercury thermometer used for calibration of other thermometers, apparatus, or
equipment, unless a nonmercury calibration standard is approved for the application by
the National Institute of Standards and Technology.

(c) A manufacturer is in compliance with this subdivision if the manufacturer:

(1) has received an exclusion or exemption from a state that is a member of the
Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement
parts when no alternative is available or for an application when no feasible alternative is
available;

(2) submits a copy of the approved exclusion or exemption to the commissioner; and

(3) meets all of the requirements in the approved exclusion or exemption for the
manufacturer's activities within the state.

Sec. 5.

Minnesota Statutes 2012, section 116.92, subdivision 8j, is amended to read:

Subd. 8j.

Exclusion for existing equipment.

The prohibitions in subdivisions 6
and 8b to 8g do not apply if a thermometer, switch, relay, or measuring device is used
to replace a thermometer, switch, relay, or measuring device that is a component of a
larger product in use prior to January 1, 2008, provided the owner of that equipment has
made every reasonable effort to determine that no compatible nonmercury replacement
component exists an industrial measurement system or control system until the system is
replaced or a nonmercury component for the system is available. The owner of the system
shall notify the commissioner within 30 days of replacing the component and identify the
replacement mercury component that was installed.

Sec. 6.

Minnesota Statutes 2012, section 116.92, is amended by adding a subdivision to
read:

Subd. 8k.

Ban; mercury in balancing and dampening products and
equipment.

A person may not sell, offer for sale, distribute, install, or use in the state a
mercury-containing product or mercury-containing equipment that is used for balancing,
dampening, or providing a weight or counterweight function.

EFFECTIVE DATE.

This section is effective January 1, 2015.

Sec. 7.

[116.931] WHEEL WEIGHTS AND BALANCING PRODUCTS; LEAD
AND MERCURY PROHIBITION.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
have the meanings given.

(b) "Motor vehicle" means a self-propelled vehicle or a vehicle propelled or drawn
by a self-propelled vehicle that is operated on a highway, on a railroad track, on the
ground, in the water, or in the air.

(c) "New motor vehicle" means a motor vehicle that has not been previously sold to
a person except a distributor, wholesaler, or motor vehicle dealer for resale.

Subd. 2.

Tire service.

When replacing or balancing a tire on a motor vehicle or
aircraft, a person may not use a wheel weight or other product for balancing motor vehicle
or aircraft wheels if the weight or other balancing product contains lead or mercury that
was intentionally added during the manufacture of the product.

Subd. 3.

Sales ban.

A person may not sell or offer to sell or distribute weights
or other products for balancing motor vehicle or aircraft wheels if the weight or other
balancing product contains lead or mercury that was intentionally added during the
manufacture of the product.

Subd. 4.

New motor vehicles.

A person may not sell a new motor vehicle or
aircraft that is equipped with a weight or other product for balancing wheels if the weight
or other balancing product contains lead or mercury that was intentionally added during
the manufacture of the product.

Subd. 5.

Salvage.

A person may not shred or crush, or market for shredding or
crushing, any motor vehicle, aircraft, watercraft, or railroad or industrial equipment,
or any portion thereof, without:

(1) inspecting the vehicle or equipment; and

(2) removing all weights or other products for balancing wheels or other equipment
if the weights or balancing products contain lead or mercury that was intentionally added
during the manufacture of the weights or balancing products.

Subd. 6.

Management of wheel weights and balancing products.

Mercury in
wheel weights and other balancing products for motor vehicle and aircraft wheels must
be recycled or otherwise managed to comply with sections 115A.932 and 116.92 and to
ensure that it does not become part of the solid waste stream and is not released to the
environment. Lead in wheel weights and other balancing products for motor vehicle and
aircraft wheels must be recycled to ensure that it does not become part of the solid waste
stream and is not released to the environment.

Subd. 7.

Educational materials; outreach.

Prior to the effective date of this
section, the agency shall produce and distribute educational materials on the prohibitions
required under this section to businesses subject to the prohibitions and shall conduct
additional outreach and education activities to those businesses.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 8.

[145.945] CERTAIN SALES OF CLEANING PRODUCTS PROHIBITED.

Subdivision 1.

Prohibition.

In order to prevent the spread of infectious disease and
avoidable infections and to promote best practices in sanitation, no person shall offer
for retail sale in Minnesota any cleaning product that contains triclosan and is used by
consumers for sanitizing or hand and body cleansing.

Subd. 2.

Exception.

The prohibition in subdivision 1 shall not apply to individual
products for which specific United States Food and Drug Administration approval for
consumer use has been secured.

EFFECTIVE DATE.

This section is effective January 1, 2017.

Sec. 9.

Minnesota Statutes 2013 Supplement, section 325F.176, is amended to read:

325F.176 DEFINITIONS.

(a) For the purposes of sections 325F.176 to 325F.178, the following terms have
the meanings given them.

(b) "Child" means a person under eight years of age.

(c) "Children's product" means a product primarily designed or intended by a
manufacturer to be physically applied to or introduced into a child's body, including any
article used as a component of such a product and excluding a food, beverage, dietary
supplement, pharmaceutical product or biologic, children's toys that are covered by the
ASTM International F963 standard for Toy Safety, or a medical device as defined in
the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321(h),
as amended through February 15, 2013.

(d) "Intentionally added chemical" means a chemical in a product that serves an
intended function in the product.

Sec. 10.

Minnesota Statutes 2013 Supplement, section 325F.177, is amended to read:

325F.177 FORMALDEHYDE IN CHILDREN'S PRODUCTS; BAN.

(a) Beginning August 1, 2014, no manufacturer or wholesaler may sell or offer for
sale in this state a children's product that intentionally contains:

(1) formaldehyde, including formaldehyde contained in a solution; or

(2) intentionally added chemical ingredients that chemically degrade under normal
conditions of temperature and pressure to release free formaldehyde at levels exceeding a
de minimis level of 0.05 percent.

(b) Beginning August 1, 2015, no retailer may sell or offer for sale in this state a
children's product that intentionally contains:

(1) formaldehyde, including formaldehyde contained in a solution; or

(2) intentionally added chemical ingredients that chemically degrade under normal
conditions of temperature and pressure to release free formaldehyde at levels exceeding a
de minimis level of 0.05 percent.