Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 62-H.F.No. 949 
                  An act relating to the environment; making 
                  manufacturers of electric relays or other electrical 
                  devices responsible for the waste management costs of 
                  these devices; amending Minnesota Statutes 1996, 
                  sections 115A.932, subdivision 1; and 116.92, 
                  subdivision 3, and by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 115A.932, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITIONS.] (a) A person may not place 
        mercury or a thermostat, thermometer, electric switch, 
        appliance, or medical or scientific instrument, or electric 
        relay or other electrical device 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, or medical 
        or scientific instrument, or electric relay or other electrical 
        device 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, as defined in 
        section 115.01, subdivision 4. 
           (c) A person may not knowingly place a fluorescent or high 
        intensity discharge lamp: 
           (1) in solid waste; or 
           (2) in a solid waste facility, except a household hazardous 
        waste collection or recycling facility. 
           This paragraph does not apply to waste lamps generated by 
        households until August 1, 1994. 
           Sec. 2.  Minnesota Statutes 1996, section 116.92, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LABELING; PRODUCTS CONTAINING MERCURY.] A 
        manufacturer or wholesaler may not sell and a retailer may not 
        knowingly sell any of the following items in this state that 
        contain mercury unless the item is labeled in a manner to 
        clearly inform a purchaser or consumer that mercury is present 
        in the item and that the item may not be placed in the garbage 
        until the mercury is removed and reused, recycled, or otherwise 
        managed to ensure that it does not become part of solid waste or 
        wastewater: 
           (1) a thermostat or thermometer; 
           (2) an electric switch, individually or as part of another 
        product, other than a motor vehicle; 
           (3) an appliance; and 
           (4) a medical or scientific instrument; and 
           (5) an electric relay or other electrical device. 
           Sec. 3.  Minnesota Statutes 1996, section 116.92, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [DISPLACEMENT RELAYS.] (a) A manufacturer of a 
        displacement relay that contains mercury is responsible for the 
        costs of collecting and managing its displacement relays to 
        ensure that the relays do not become part of the solid waste 
        stream. 
           (b) A manufacturer of a displacement relay that contains 
        mercury shall, in addition to the requirements of subdivision 3, 
        provide incentives for, and sufficient information to, 
        purchasers and consumers of the relay to ensure that the relay 
        does not become part of the waste stream.  A manufacturer that 
        has complied with this subdivision is not liable for improper 
        disposal by purchasers or consumers of its relays. 
           (c) A manufacturer subject to this subdivision, or an 
        organization of such manufacturers and its officers, members, 
        employees, and agents, may participate in projects or programs 
        to collect and properly manage waste displacement relays.  Any 
        person who participates in such 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 relays under this subdivision. 
           (d) For the purposes of this subdivision, a "displacement 
        relay" means an electric flow control device having one or more 
        poles that contain metallic mercury and a plunger which, when 
        energized by a magnetic field, moves into a pool of mercury, 
        displacing the mercury sufficiently to create a closed 
        electrical circuit. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Section 3 is effective July 1, 1998. 
           Presented to the governor April 24, 1997 
           Signed by the governor April 28, 1997, 10:46 a.m.