Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 257-S.F.No. 793 
           An act relating to the environment; establishing 
          maximum content levels of mercury in batteries; 
          prohibiting certain batteries; prohibiting the 
          disposal of rechargeable batteries in mixed municipal 
          solid waste; requiring a notice to consumers; amending 
          Minnesota Statutes 1990, sections 115A.9155, 
          subdivision 2; 325E.125, subdivision 2, and by adding 
          subdivisions; and 325E.1251; 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 1990, section 115A.9155, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANUFACTURER RESPONSIBILITY.] (a) A manufacturer 
of batteries subject to subdivision 1 shall: 
    (1) ensure that a system for the proper collection, 
transportation, and processing of waste batteries exists for 
purchasers in Minnesota; and 
    (2) clearly inform each final purchaser of the prohibition 
on disposal of waste batteries and of the system or systems for 
proper collection, transportation, and processing of waste 
batteries available to the purchaser. 
    (b) To ensure that a system for the proper collection, 
transportation, and processing of waste batteries exists, a 
manufacturer shall: 
    (1) identify collectors, transporters, and processors for 
the waste batteries and contract or otherwise expressly agree 
with a person or persons for the proper collection, 
transportation, and processing of the waste batteries; or 
    (2) accept waste batteries returned to its manufacturing 
facility. 
    (c) At the time of sale of a battery subject to subdivision 
1, a manufacturer shall provide in a clear and conspicuous 
manner a telephone number that the final consumer of the battery 
can call to obtain information on specific procedures to follow 
in returning the battery for recycling or proper disposal. 
    The manufacturer may include the telephone number and 
notice of return procedures on an invoice or other transaction 
document held by the purchaser.  The manufacturer shall provide 
the telephone number to the commissioner of the agency. 
    (d) A manufacturer shall ensure that the cost of proper 
collection, transportation, and processing of the waste 
batteries is included in the sales transaction or agreement 
between the manufacturer and any purchaser. 
    (d) (e) A manufacturer that has complied with this 
subdivision is not liable under subdivision 1 for improper 
disposal by a person other than the manufacturer of waste 
batteries. 
      Sec. 2.  [115A.9157] [RECHARGEABLE BATTERIES AND PRODUCTS.] 
     Subdivision 1.  [DEFINITION.] For the purpose of this 
section "rechargeable battery" means a sealed nickel-cadmium 
battery, a sealed lead acid battery, or any other rechargeable 
battery, except a rechargeable battery governed by section 
115A.9155 or exempted by the commissioner under subdivision 9. 
     Subd. 2.  [PROHIBITION.] Effective August 1, 1991, a person 
may not place in mixed municipal solid waste a rechargeable 
battery, a rechargeable battery pack, a product with a 
nonremovable rechargeable battery, or a product powered by 
rechargeable batteries or rechargeable battery pack, from which 
all batteries or battery packs have not been removed. 
    Subd. 3.  [COLLECTION AND MANAGEMENT COSTS.] A manufacturer 
of rechargeable batteries or products powered by rechargeable 
batteries is responsible for the costs of collecting and 
managing its waste rechargeable batteries and waste products to 
ensure that the batteries are not part of the solid waste stream.
    Subd. 4.  [PILOT PROJECTS.] By April 15, 1992, 
manufacturers whose rechargeable batteries or products powered 
by nonremovable rechargeable batteries are sold in this state 
shall implement pilot projects for the collection and proper 
management of all rechargeable batteries and the participating 
manufacturers' products powered by nonremovable rechargeable 
batteries.  Manufacturers may act as a group or through a 
representative organization.  The pilot projects must run for a 
minimum of 18 months and be designed to collect sufficient 
statewide data for the design and implementation of permanent 
collection and management programs that may be reasonably 
expected to collect at least 90 percent of waste rechargeable 
batteries and the participating manufacturers' products powered 
by rechargeable batteries that are generated in the state. 
    By December 1, 1991, the manufacturers or their 
representative organization shall submit plans for the projects 
to the legislative commission.  At least every six months during 
the pilot projects the manufacturers shall submit progress 
reports to the commission.  The commission shall review the 
plans and progress reports. 
    By November 1, 1993, the manufacturers or their 
representative organization shall report to the legislative 
commission the final results of the projects and plans for 
implementation of permanent programs.  The commission shall 
review the final results and plans. 
    Subd. 5.  [COLLECTION AND MANAGEMENT PROGRAMS.] By April 
15, 1994, the manufacturers or their representative organization 
shall implement permanent programs, based on the results of the 
pilot projects required in subdivision 3, that may be reasonably 
expected to collect 90 percent of the waste rechargeable 
batteries and the participating manufacturers' products powered 
by rechargeable batteries that are generated in the state.  The 
batteries and products collected must be recycled or otherwise 
managed or disposed of properly. 
    Subd. 6.  [LIST OF PARTICIPANTS.] A manufacturer or its 
representative organization shall inform the legislative 
commission on waste management when they begin participating in 
the projects and programs and immediately if they withdraw 
participation.  The list of participants shall be available to 
retailers, distributors, governmental agencies, and other 
interested persons who provide a self-addressed stamped envelope 
to the commission. 
    Subd. 7.  [CONTRACTS.] A manufacturer or a representative 
organization of manufacturers may contract with the state or a 
political subdivision to provide collection services under this 
section.  The manufacturer or organization shall fully reimburse 
the state or political subdivision for the value of any 
contractual services rendered under this subdivision. 
    Subd. 8.  [ANTICOMPETITIVE CONDUCT.] A manufacturer or 
organization of manufacturers and its officers, members, 
employees, and agents who participate in projects or programs to 
collect and properly manage waste rechargeable batteries or 
products powered by rechargeable batteries are 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 batteries and products required under this section. 
    Subd. 9.  [EXEMPTIONS.] To ensure that new types of 
batteries do not add additional hazardous or toxic materials to 
the mixed municipal solid waste stream, the commissioner of the 
agency may exempt a new type of rechargeable battery from the 
requirements of this section if it poses no unreasonable hazard 
when placed in and processed or disposed of as part of a mixed 
municipal solid waste.  
    Sec. 3.  Minnesota Statutes 1990, section 325E.125, 
subdivision 2, is amended to read: 
    Subd. 2.  [MERCURY CONTENT.] (a) Except as provided in 
paragraph (c), a manufacturer may not sell, distribute, or offer 
for sale in this state an alkaline manganese battery that 
contains more than .30 percent mercury by weight, or after 
February 1, 1992, 0.025 percent mercury by weight.  
    (b) On application by a manufacturer, the commissioner of 
the pollution control agency may exempt a specific type of 
battery from the requirements of paragraph (a) or (d) if there 
is no battery meeting the requirements that can be reasonably 
substituted for the battery for which the exemption is sought.  
The manufacturer of A battery exempted by the commissioner under 
this paragraph is subject to the requirements of section 
115A.9155, subdivision 2. 
    (c) Notwithstanding paragraph (a), a manufacturer may not 
sell, distribute, or offer for sale in this state after January 
1, 1992, a button cell alkaline manganese nonrechargeable 
battery not subject to paragraph (a) that contains more than 25 
milligrams of mercury. 
    (d) A manufacturer may not sell, distribute, or offer for 
sale in this state a dry cell battery containing a mercuric 
oxide electrode. 
    (e) After January 1, 1996, a manufacturer may not sell, 
distribute, or offer for sale in this state an alkaline 
manganese battery, except an alkaline manganese button cell, 
that contains mercury unless the commissioner of the pollution 
control agency determines that compliance with this requirement 
is not technically and commercially feasible. 
    Sec. 4.  Minnesota Statutes 1990, section 325E.125, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [APPROVAL OF NEW BATTERIES.] A manufacturer may 
not sell, distribute, or offer for sale in this state a 
nonrechargeable battery other than a zinc air, zinc carbon, 
silver oxide, lithium, or alkaline manganese battery, without 
first having received approval of the battery from the 
commissioner of the pollution control agency.  The commissioner 
shall approve only batteries that comply with subdivision 1 and 
do not pose an undue hazard when disposed of.  This subdivision 
is intended to ensure that new types of batteries do not add 
additional hazardous or toxic materials to the state's mixed 
municipal waste stream. 
     Sec. 5.  Minnesota Statutes 1990, section 325E.125, is 
amended by adding a subdivision to read: 
    Subd. 4.  [RECHARGEABLE BATTERIES AND PRODUCTS; 
NOTICE.] (a) A person who sells rechargeable batteries or 
products powered by rechargeable batteries governed by section 
115A.9157 at retail shall post the notice in paragraph (b) in a 
manner clearly visible to a consumer making purchasing decisions.
    (b) The notice must be at least 4 inches by 6 inches and 
state: 
    'ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS 
PRODUCTS: 
    Under Minnesota law, manufacturers of rechargeable 
batteries, rechargeable battery packs, and products powered by 
nonremovable rechargeable batteries will provide a special 
collection system for these items by April 15, 1994.  It is 
illegal to put rechargeable batteries in the garbage.  Use the 
special collection system that will be provided in your area.  
Take care of our environment. 
    DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY 
NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE.' 
    (c) Notice is not required for home solicitation sales, as 
defined in section 325G.06, or for catalogue sales. 
    Sec. 6.  Minnesota Statutes 1990, section 325E.125, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PROHIBITIONS.] A manufacturer of rechargeable 
batteries or products powered by rechargeable batteries that 
does not participate in the pilot projects and programs required 
in section 115A.9157 may not sell, distribute, or offer for sale 
in this state rechargeable batteries or products powered by 
rechargeable batteries after January 1, 1992. 
    After January 1, 1992, a person who first purchases 
rechargeable batteries or products powered by rechargeable 
batteries for importation into the state for resale may not 
purchase rechargeable batteries or products powered by 
rechargeable batteries made by any person other than a 
manufacturer that participates in the projects and programs 
required under section 115A.9157. 
    Sec. 7.  Minnesota Statutes 1990, section 325E.1251, is 
amended to read: 
    325E.1251 [PENALTY ENFORCEMENT.] 
    Subdivision 1.  [PENALTY.] Violation of sections 115A.9155 
and 325E.125 is a misdemeanor.  A manufacturer who violates 
section 115A.9155 or 325E.125 is also subject to a minimum fine 
of $100 per violation. 
    Subd. 2.  [RECOVERY OF COSTS.] In an enforcement action 
under this section in which the state prevails, the state may 
recover reasonable administrative expenses, court costs, and 
attorney fees incurred to take the enforcement action, in an 
amount to be determined by the court. 
    Sec. 8.  [EFFECTIVE DATES.] 
    (a) Section 3, paragraphs (a), (b), and (d), are effective 
February 1, 1992, and apply to batteries manufactured on or 
after that date. 
    (b) For zinc air batteries that exceed 100 milligrams in 
weight, section 3, paragraph (c), is effective February 1, 1993, 
and applies to batteries manufactured on or after that date. 
    (c) For all other batteries, section 3, paragraph (c), is 
effective August 1, 1991, and applies to batteries manufactured 
on or after that date.  Section 3, paragraph (e), applies to 
batteries manufactured on or after January 1, 1996. 
    Presented to the governor May 28, 1991 
    Signed by the governor May 31, 1991, 5:00 p.m.