Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 671-S.F.No. 2131 
           An act relating to the environment; prohibiting 
          government units and vendors from purchasing and using 
          chlorofluorocarbon-processed packaging materials; 
          providing penalties; appropriating money; proposing 
          coding for new law in Minnesota Statutes, chapter 116. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [116.70] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 2 to 4. 
    Subd. 2.  [CFC-PROCESSED.] "CFC-processed" means processing 
that uses chlorofluorocarbons. 
    Subd. 3.  [CHLOROFLUOROCARBONS OR CFC'S.] 
"Chlorofluorocarbons," or "CFC's" means the substances 
identified in the Montreal Treaty as:  CFC-11, CFC13; CFC-12, 
CF2C12; CFC-113, C2F3C13; CFC-114, C2F4C12; CFC-115, C2F5C1; 
Halon-1211, CF2BrC1; Halon-1301, CF3Br; and Halon-2402, 
C2F4Br2.  Chlorofluorocarbons or CFC's also includes substances 
identified by the agency by rule as being included or added to 
the Montreal Treaty. 
    Subd. 4.  [PACKAGING.] "Packaging" means all bags, sacks, 
wrapping, containers, bowls, plates, trays, cartons, cups, 
packing, and lids used for packaging that are not intended for 
reuse.  
    Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means a 
county, town, statutory or home rule charter city, or school 
district. 
    Sec. 2.  [116.71] [STATE AND LOCAL GOVERNMENT; PROHIBITED 
PACKAGING.] 
    Except as provided in section 4, the state and local 
governments may not purchase, or otherwise obtain, CFC-processed 
packaging. 
    Sec. 3.  [116.72] [CFC-PROCESSED PACKAGING.] 
    Except as provided in section 4, a person may not purchase, 
manufacture, sell, or distribute packaging knowing that it is 
CFC-processed. 
    Sec. 4.  [116.73] [EXEMPTIONS.] 
    (a) The agency may adopt rules to exempt a type of 
packaging from the requirements of sections 2 and 3 after 
adopting findings that: 
    (1) the type of packaging does not have an acceptable 
non-CFC-processed equivalent and the adverse health effects of 
the CFC-processed packaging can be tolerated until an 
alternative packaging can be developed; and 
    (2) imposing the requirements of sections 2 and 3 on the 
type of packaging would cause undue hardship. 
    (b) A person may apply to the commissioner for 
determination of whether a type of packaging is exempt under 
this section or subject to section 2 or 3. 
    Sec. 5.  [116.74] [ENFORCEMENT; PENALTIES.] 
    A person who violates section 2 or 3 is subject to a civil 
penalty of up to $500 for each violation.  The attorney general 
shall enforce sections 2 and 3, and may bring an action for 
injunctive relief or an action to compel performance or may seek 
civil penalties.  In an action brought under this section, the 
attorney general may also recover costs and disbursements, 
including reasonable attorney fees. 
    Sec. 6.  [STUDY.] 
    By December 1, 1988, the agency shall complete a study and 
report the findings to the legislature on ways to eliminate 
sources of CFC in the state. 
    Sec. 7.  [APPROPRIATION.] 
    $25,000 is appropriated from the general fund to the 
pollution control agency for administrative costs to implement 
sections 2 and 3 and for the cost of the study required in 
section 6.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 4 and 6 are effective the day following final 
enactment.  Section 2 is effective January 1, 1989.  Section 3 
is effective January 1, 1990. 
    Approved April 26, 1988