Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 359-H.F.No. 3013 
                  An act relating to the environment; modifying 
                  provisions relating to the environmental improvement 
                  pilot program; adopting federal standards for 
                  environmental marketing claims; providing penalties; 
                  amending Minnesota Statutes 1995 Supplement, section 
                  115B.03, subdivision 9; Laws 1995, chapter 168, 
                  sections 9, subdivisions 3, 4, and 7; 13, subdivisions 
                  1, 2, 3, and by adding a subdivision; and 19; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 325E; repealing Minnesota Statutes 1994, 
                  section 115A.56; Laws 1995, chapter 168, section 11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        115B.03, subdivision 9, is amended to read: 
           Subd. 9.  [PERSONAL REPRESENTATIVES OF ESTATES.] A personal 
        representative, guardian, or conservator of an estate who is not 
        otherwise a responsible party for a release or threatened 
        release of a hazardous substance from a facility is not a 
        responsible person under this section solely because the 
        facility is among the assets of the estate or solely because the 
        personal representative, guardian, or conservator has the 
        capacity to direct the operation of the facility. 
           Sec. 2.  [325E.41] [DECEPTIVE TRADE PRACTICES; 
        ENVIRONMENTAL MARKETING CLAIMS.] 
           Subdivision 1.  [ADOPTION OF FEDERAL GUIDES.] (a) 
        Environmental marketing claims made by a manufacturer, packager, 
        wholesaler, or retailer for a product sold or offered for sale 
        or distribution in this state, including those related to the 
        product's packaging, must conform to the standards or be 
        consistent with the examples contained in Code of Federal 
        Regulations, title 16, part 260, "Guides for the Use of 
        Environmental Marketing Claims" regarding general environmental 
        benefits claims, claims that a product or package is degradable, 
        compostable, recyclable, or contains recycled content, and 
        claims relating to source reduction, refillability, or ozone 
        safety.  
           (b) Paragraph (a) does not apply to an environmental claim 
        unless the claim is made in an attempt to influence purchasing 
        decisions by end users of the product. 
           Subd. 2.  [INVESTIGATION; ENFORCEMENT.] A person who 
        violates this section is subject to the penalties and remedies 
        in section 8.31. 
           Sec. 3.  Laws 1995, chapter 168, section 9, subdivision 3, 
        is amended to read: 
           Subd. 3.  [ENVIRONMENTAL REQUIREMENT.] "Environmental 
        requirement" means a requirement in: 
           (1) a law administered by the agency, a rule adopted by the 
        agency, a permit or order issued by the agency, an agreement 
        entered into with the agency, or a court order issued pursuant 
        to any of the foregoing; or 
           (2) an ordinance or other legally binding requirement of a 
        local government unit under authority granted by state law 
        relating to environmental protection, including solid and 
        hazardous waste management. 
           Sec. 4.  Laws 1995, chapter 168, section 9, subdivision 4, 
        is amended to read: 
           Subd. 4.  [ENVIRONMENTAL AUDIT; AUDIT.] "Environmental 
        audit" or "audit" means a systematic, documented, and objective 
        review by a regulated entity of one or more facility operations 
        and practices related to compliance with one or more 
        environmental requirements and, if deficiencies are found, a 
        plan for corrective action.  The final audit document must be 
        designated as an "audit report" and must include the date of the 
        final written report of finding findings for the audit. 
           Sec. 5.  Laws 1995, chapter 168, section 9, subdivision 7, 
        is amended to read: 
           Subd. 7.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
        unit" means a county, a statutory or home rule charter city, a 
        town, a sanitary district, or the metropolitan area. 
           Sec. 6.  Laws 1995, chapter 168, section 13, subdivision 1, 
        is amended to read: 
           Subdivision 1.  [DEFERRED ENFORCEMENT.] The state must 
        defer for at least 90 days to enforce enforcement of an 
        environmental requirement against the owner or operator of a 
        facility if a report that meets the requirements of section 10, 
        subdivision 2, has been submitted to the commissioner.  If the 
        report includes a performance schedule, and the performance 
        schedule is approved under section 12, the state must defer 
        enforcement for the term of the approved performance schedule 
        unless the owner or operator of the facility fails to meet an 
        interim performance date contained in the schedule. 
           Sec. 7.  Laws 1995, chapter 168, section 13, subdivision 2, 
        is amended to read: 
           Subd. 2.  [PENALTIES WAIVED.] If, within 90 days after the 
        report required in section 10, subdivision 2, is received by the 
        commissioner or within the time specified in an approved 
        performance schedule, the owner or operator of a facility 
        corrects the violations identified in the audit or 
        self-evaluation and certifies to the commissioner that the 
        violations have been corrected, the state may not impose or 
        bring an action for any administrative, civil, or criminal 
        penalties against the owner or operator of the facility for the 
        reported violations. 
           Sec. 8.  Laws 1995, chapter 168, section 13, subdivision 3, 
        is amended to read: 
           Subd. 3.  [EXCEPTIONS.] Notwithstanding subdivisions 1 and 
        2, the state may at any time bring: 
           (1) a criminal enforcement action against any person who 
        knowingly commits a violation under Minnesota Statutes, section 
        609.671; 
           (2) a civil or administrative enforcement action, which may 
        include a penalty, under Minnesota Statutes, section 115.071 or 
        116.072, against the owner or operator of a facility if: 
           (i) less than one year has elapsed since the final 
        resolution of a notice of violation, an administrative penalty 
        order, or a civil or criminal lawsuit that resulted in an 
        enforcement action being taken against the owner or operator of 
        a facility for a violation of a requirement that was also shown 
        as having been violated in the report required under section 10, 
        subdivision 2; or 
           (ii) a violation caused serious harm to public health or 
        the environment; or 
           (3) an the enforcement action is against the owner or 
        operator of a facility to enjoin an imminent threat to public 
        health or the environment. 
           Sec. 9.  Laws 1995, chapter 168, section 13, is amended by 
        adding a subdivision to read: 
           Subd. 6.  [FALSE STATEMENTS.] (a) A person may not 
        knowingly make a false material statement or representation in 
        the report filed in accordance with Laws 1995, chapter 168, 
        section 10, subdivision 2.  As used in this subdivision, 
        "knowingly" has the meaning given in Minnesota Statutes, section 
        609.671, subdivision 2. 
           (b) A person found to have knowingly made a false material 
        statement or representation shall be subject to the 
        administrative penalties and process set forth in Minnesota 
        Statutes, section 116.072. 
           Sec. 10.  Laws 1995, chapter 168, section 19, is amended to 
        read: 
           Sec. 19.  [REPEALER.] 
           Sections 8 to 10 and 12 to 18 are repealed effective July 
        1, 1999. 
           Sec. 11.  [REPEALER.] 
           Minnesota Statutes 1994, section 115A.56, is repealed.  
        Laws 1995, chapter 168, section 11, is repealed. 
           Sec. 12.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor March 19, 1996 
           Signed by the governor March 21, 1996, 1:58 p.m.