2004 Minnesota Statutes

     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 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.  

    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. 

    By October 1, 1994, and by October 1, 1995, each 
 manufacturer or a representative organization shall submit to 
 the commission additional reports that detail progress made 
 toward implementing permanent management programs.  The October 
 1, 1995, report must include a description of the programs 
 implemented under subdivision 5.  These progress reports must 
 include the estimated amount of rechargeable batteries subject 
 to this section sold in the state by each manufacturer and the 
 amount of batteries each collected during the previous year.  A 
 representative organization may report amounts in aggregate for 
 all the members of the organization. 

    Subd. 5.    Collection and management programs.  By 
 September 20, 1995, the manufacturers or their representative 
 organization shall implement permanent programs, based on the 
 results of the pilot projects required in subdivision 4, 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. 

    In every odd-numbered year after 1995, each manufacturer or 
 a representative organization shall provide information 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 that specifies at least the estimated amount of 
 rechargeable batteries subject to this section sold in the state 
 by each manufacturer and the amount of batteries each collected 
 during the previous two years.  A representative organization 
 may report the amounts in aggregate for all the members of the 
 organization. 

    Subd. 6.    List of participants.  A manufacturer or its 
 representative organization shall inform the committees listed 
 in subdivision 5 when they begin participating in the projects 
 and programs and immediately if they withdraw participation.  

    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.  

    HIST: 1991 c 257 s 2; 1992 c 593 art 1 s 23,24; 1994 c 585 s 
 17,18; 1996 c 470 s 27; 2002 c 379 art 1 s 31