Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 186-S.F.No. 900 
                  An act relating to environment; amending provisions 
                  regulating toxics in packaging; amending Minnesota 
                  Statutes 1996, section 115A.965, subdivisions 3, 7, 
                  and by adding a subdivision; repealing Minnesota 
                  Statutes 1996, section 115A.965, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 115A.965, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXEMPTIONS.] (a) Until January 1, 2000, the 
        following packaging is exempt from the requirements of 
        subdivisions 1 and 2: 
           (1) packaging that would not exceed the total toxics 
        concentration levels under subdivision 2 but for the addition in 
        the packaging of materials that have fulfilled their intended 
        use and have been discarded by consumers; and 
           (2) packages that are reused but exceed the total toxics 
        concentration levels in subdivision 2, provided that:  
           (i) the product being conveyed by the package is regulated 
        under federal or state health or safety requirements; 
           (ii) transportation of the packaged product is regulated 
        under federal or state transportation requirements; and 
           (iii) disposal of the package is performed according to 
        federal or state radioactive or hazardous waste disposal 
        requirements. 
           (b) Until January 1, 2000, packages that have a controlled 
        distribution and reuse, but exceed the total toxics 
        concentration levels in subdivision 2 and do not meet the 
        requirements of paragraph (a), may be exempted from subdivisions 
        1 and 2 if the manufacturers or distributors of the packages 
        petition for and receive approval from the commissioner.  In 
        granting approval, the commissioner shall work with the 
        Coalition of Northeastern Governors Toxics in Packaging 
        Clearinghouse and base the decision on satisfactory 
        demonstrations that the environmental benefit of the controlled 
        distribution and reuse is significantly greater compared to the 
        same package manufactured in compliance with the total toxics 
        concentration levels in subdivision 2, and on plans proposed by 
        the manufacturer that include each of the following elements: 
           (1) a means of identifying the packaging in a permanent and 
        visible manner; 
           (2) a method of regulatory and financial accountability so 
        that a specified percentage of the packaging manufactured and 
        distributed to other persons is not discarded by those persons 
        after use but are returned to the manufacturer or the 
        manufacturer's designee; 
           (3) a system of inventory and record maintenance to account 
        for the packaging placed in, and removed from, service; 
           (4) a means of transforming packaging that is no longer 
        reusable into recycled materials for manufacturing or into 
        manufacturing wastes which are subject to existing federal or 
        state laws or regulations governing such manufacturing wastes 
        that ensure that these wastes do not enter the industrial or 
        mixed municipal solid waste stream; and 
           (5) a system of annually reporting to the commissioner 
        changes to the system and changes in designees. 
           (c) Packaging to which lead, cadmium, mercury, or 
        hexavalent chromium has been intentionally introduced in the 
        manufacturing process may be exempted from the requirements of 
        subdivisions 1 and 2 by the commissioner of the pollution 
        control agency if: 
           (1) the use of the toxic element in the packaging is 
        required by federal or state health or safety laws; or 
           (2) there is no feasible alternative for the packaging 
        because the toxic element used is essential to the protection, 
        safe handling, or function of the contents of the package.  
           The commissioner may grant an exemption under this 
        paragraph for a period not to exceed two years upon application 
        by the packaging manufacturer that includes documentation 
        showing that the criteria for an exemption are met.  Exemptions 
        granted by the commissioner may be renewed upon reapplication 
        every two years. 
           Sec. 2.  Minnesota Statutes 1996, section 115A.965, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [IMPLEMENTATION.] In the interests of promoting 
        consistent, nationally applicable standards, the commissioner 
        shall have discretion to coordinate efforts under this section 
        with similar efforts in other jurisdictions. 
           Sec. 3.  Minnesota Statutes 1996, section 115A.965, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REPORT.] By September 1 of each odd-numbered 
        year, the commissioner shall prepare and submit to the 
        environment and natural resources committees of the senate and 
        house of representatives, the finance division of the senate 
        committee on environment and natural resources, and the house of 
        representatives committee on environment and natural resources 
        finance a report to include: 
           (1) enforcement actions taken by the commissioner under 
        this section for the reporting period; and 
           (2) issues and disputes that have arisen under this 
        section, the recommendations made by the Toxics in Packaging 
        Clearinghouse for resolution of those issues and disputes, and 
        how those issues and disputes were finally resolved by the 
        commissioner. for each exemption granted, the identity of the 
        party requesting the exemption, a brief description of the 
        packaging, and the basis for granting the exemption. 
           Sec. 4.  [REPEALER.] 
           Minnesota Statutes 1996, section 115A.965, subdivision 6, 
        is repealed. 
           Presented to the governor May 19, 1997 
           Signed by the governor May 20, 1997, 10:35 a.m.