Minnesota 2023-2024 Regular Session

Minnesota House Bill HF703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to solid waste; requiring product stewardship program for wind and solar
3	3	1.3 infrastructure; providing for fee on retail sales of wind and solar infrastructure;
4	4	1.4 requiring a report; appropriating money; amending Minnesota Statutes 2022,
5	5	1.5 sections 13.7411, subdivision 4; 115A.142; proposing coding for new law in
6	6	1.6 Minnesota Statutes, chapter 115A.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2022, section 13.7411, subdivision 4, is amended to read:
9	9	1.9 Subd. 4.Waste management.(a) Product stewardship program programs. Trade
10	10	1.10secret and sales data information submitted to the Pollution Control Agency under the
11	11	1.11product stewardship program programs is classified under section sections 115A.1415 and
12	12	1.12115A.1416.
13	13	1.13 (b) Transfer station data. Data received by a county or district from a transfer station
14	14	1.14under section 115A.84, subdivision 5, are classified under that section.
15	15	1.15 (c) Solid waste records. Records of solid waste facilities received, inspected, or copied
16	16	1.16by a county pursuant to section 115A.882 are classified pursuant to section 115A.882,
17	17	1.17subdivision 3.
18	18	1.18 (d) Customer lists. Customer lists provided to counties or cities by solid waste collectors
19	19	1.19are classified under section 115A.93, subdivision 5.
20	20	1Section 1.
21	21	REVISOR CKM/HL 23-0149412/29/22
22	22	State of Minnesota
23	23	This Document can be made available
24	24	in alternative formats upon request
25	25	HOUSE OF REPRESENTATIVES
26	26	H. F. No. 703
27	27	NINETY-THIRD SESSION 2.1 Sec. 2. [115A.1416] WIND AND SOLAR ENERGY INFRASTRUCTURE; PRODUCT
28	28	2.2STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.
29	29	2.3 Subdivision 1.Definitions.(a) For purposes of this section, the terms in paragraphs (b)
30	30	2.4to (n) have the meanings given.
31	31	2.5 (b) "Brand" means a name, symbol, word, or mark that:
32	32	2.6 (1) identifies a solar photovoltaic module or wind energy conversion system, rather than
33	33	2.7their individual components; and
34	34	2.8 (2) attributes the solar photovoltaic module or wind energy conversion system to the
35	35	2.9owner or licensee of the name, symbol, word, or mark as the producer.
36	36	2.10 (c) "Discarded wind and solar energy infrastructure" means wind and solar energy
37	37	2.11infrastructure that is no longer used for its manufactured purpose.
38	38	2.12 (d) "Producer" means a person that:
39	39	2.13 (1) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic
40	40	2.14modules or wind energy conversion systems sold in the state;
41	41	2.15 (2) imports solar photovoltaic modules or wind energy conversion systems branded by
42	42	2.16a producer that meets the criteria in clause (1) when the producer has no physical presence
43	43	2.17in the United States;
44	44	2.18 (3) if clauses (1) and (2) do not apply, makes unbranded solar photovoltaic modules or
45	45	2.19wind energy conversion systems that are sold in the state; or
46	46	2.20 (4) sells solar photovoltaic modules or wind energy conversion systems at wholesale or
47	47	2.21retail, does not have legal ownership of the brand, and elects to fulfill the producer's
48	48	2.22responsibilities for the solar photovoltaic modules or wind energy conversion systems by
49	49	2.23certifying that election in writing to the commissioner.
50	50	2.24 (e) "Recycling" means the process of:
51	51	2.25 (1) collecting and preparing recyclable materials; and
52	52	2.26 (2) using recyclable materials in manufacturing processes that do not destroy the
53	53	2.27recyclable materials in a manner that precludes subsequent use.
54	54	2.28 (f) "Retailer" means any person who offers solar photovoltaic modules or wind energy
55	55	2.29conversion systems for sale at retail in the state.
56	56	2.30 (g) "Sale" or "sell" means transfer of title to solar photovoltaic modules or wind energy
57	57	2.31conversion systems for consideration, including a remote sale conducted through a sales
58	58	2Sec. 2.
59	59	REVISOR CKM/HL 23-0149412/29/22 3.1outlet, catalog, website, or similar electronic means. Sale or sell includes a lease through
60	60	3.2which solar photovoltaic modules or wind energy conversion systems are provided to a
61	61	3.3consumer by a producer, wholesaler, or retailer.
62	62	3.4 (h) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision
63	63	3.51.
64	64	3.6 (i) "Stewardship assessment" means the amount added to the purchase price of wind
65	65	3.7and solar infrastructure sold in the state that is necessary to cover the cost of collecting,
66	66	3.8transporting, and processing discarded wind and solar infrastructure by the producer or
67	67	3.9stewardship organization pursuant to a product stewardship program.
68	68	3.10 (j) "Stewardship organization" means an organization appointed by one or more producers
69	69	3.11to act as an agent on behalf of the producer to design, submit, and administer a product
70	70	3.12stewardship program under this section.
71	71	3.13 (k) "Stewardship plan" means a detailed plan describing the manner in which a product
72	72	3.14stewardship program under subdivision 2 will be implemented.
73	73	3.15 (l) "Wind and solar energy infrastructure" means:
74	74	3.16 (1) solar photovoltaic modules; or
75	75	3.17 (2) wind energy conversion systems or wind energy conversion system components.
76	76	3.18 (m) "Wind energy conversion system" has the meaning given in section 216C.06,
77	77	3.19subdivision 19.
78	78	3.20 (n) "Wind energy conversion system components" means individual parts of a wind
79	79	3.21energy conversion system, including but not limited to rotor blades, towers, hubs, and
80	80	3.22generators.
81	81	3.23 Subd. 2.Product stewardship program.Producers must, individually or through a
82	82	3.24stewardship organization, implement and finance a statewide product stewardship program
83	83	3.25that manages wind and solar energy infrastructure sold in the state that has been discarded
84	84	3.26by reducing waste generation, promoting recycling, and negotiating and executing agreements
85	85	3.27to collect, transport, and process the wind and solar energy infrastructure for end-of-life
86	86	3.28recycling.
87	87	3.29 Subd. 3.Requirement to submit plan.(a) On or before March 1, 2024, and before
88	88	3.30offering wind and solar infrastructure for sale in the state, a producer must:
89	89	3.31 (1) submit to the commissioner and receive approval of a stewardship plan; or
90	90	3Sec. 2.
91	91	REVISOR CKM/HL 23-0149412/29/22 4.1 (2) submit to the commissioner documentation that demonstrates the producer has entered
92	92	4.2into an agreement with a stewardship organization to be an active participant in an approved
93	93	4.3product stewardship program described under subdivision 2.
94	94	4.4A stewardship plan under clause (1) or (2) must include all elements required under
95	95	4.5subdivision 5.
96	96	4.6 (b) The entity responsible for each stewardship plan must, if required by the
97	97	4.7commissioner, submit an amendment to the plan every five years.
98	98	4.8 (c) The entity responsible for each stewardship plan must notify the commissioner within
99	99	4.930 days of any significant changes or modifications to the plan or its implementation and
100	100	4.10must submit a revised written plan to the commissioner for review and approval within 30
101	101	4.11days of the notification.
102	102	4.12 Subd. 4.Stewardship plan content.A stewardship plan must contain:
103	103	4.13 (1) certification that the product stewardship program will accept all discarded wind and
104	104	4.14solar energy infrastructure, regardless of which producer produced the wind and solar energy
105	105	4.15infrastructure;
106	106	4.16 (2) contact information for the individual and the entity submitting the plan, a list of all
107	107	4.17producers participating in the product stewardship program, and the brands covered by the
108	108	4.18product stewardship program;
109	109	4.19 (3) a description of the methods proposed to collect the discarded wind and solar energy
110	110	4.20infrastructure in all areas in the state without relying on end-of-life fees, including:
111	111	4.21 (i) an explanation of how the collection system is designed to be convenient and adequate
112	112	4.22to serve the needs of small businesses and residents in both urban and rural areas on an
113	113	4.23ongoing basis; and
114	114	4.24 (ii) a discussion of opportunities to integrate the existing household hazardous waste
115	115	4.25infrastructure when selecting collection sites;
116	116	4.26 (4) a description of the techniques to be used to monitor and maintain the adequacy of
117	117	4.27the collection program;
118	118	4.28 (5) the names and locations of collectors, transporters, and recyclers that will manage
119	119	4.29discarded wind and solar infrastructure;
120	120	4.30 (6) a description of how discarded wind and solar energy infrastructure are to be safely
121	121	4.31and securely transported, tracked, and handled from collection through final recycling and
122	122	4.32processing;
123	123	4Sec. 2.
124	124	REVISOR CKM/HL 23-0149412/29/22 5.1 (7) a description of the method to be used to dismantle and recycle discarded wind and
125	125	5.2solar energy infrastructure to ensure that, to the extent feasible, the components of the wind
126	126	5.3and solar energy infrastructure are transformed or remanufactured into finished products
127	127	5.4for use;
128	128	5.5 (8) a description of the promotion and outreach activities to be used to encourage
129	129	5.6participation in the collection and recycling program, including measures to evaluate the
130	130	5.7activities' effectiveness and whether the program requires modification;
131	131	5.8 (9) the proposed uniform stewardship assessment for all wind and solar energy
132	132	5.9infrastructure sold in the state, which must be reviewed by an independent auditor to ensure
133	133	5.10that the assessment does not exceed the costs of the product stewardship program. The
134	134	5.11independent auditor must recommend a stewardship assessment amount, which must be
135	135	5.12approved by the commissioner;
136	136	5.13 (10) evidence of adequate insurance and financial assurance, if required for collection,
137	137	5.14handling, recycling, and disposal operations;
138	138	5.15 (11) five-year performance goals, including an estimate of both the percentage and
139	139	5.16amount of discarded wind and solar energy infrastructure to be collected and recycled during
140	140	5.17each of the first five years of the stewardship plan. The performance goals must state the
141	141	5.18methodology used to determine the goals and must be based on:
142	142	5.19 (i) the most recent collection data available for the state;
143	143	5.20 (ii) the estimated number and weight of wind and solar energy infrastructure disposed
144	144	5.21of annually; and
145	145	5.22 (iii) actual collection data from other existing stewardship programs; and
146	146	5.23 (12) a discussion regarding the status of end markets for collected wind and solar energy
147	147	5.24infrastructure and what, if any, additional end markets are needed to improve the functioning
148	148	5.25of the program.
149	149	5.26 Subd. 5.Consultation required.When developing a stewardship plan, each stewardship
150	150	5.27organization or individual producer must consult with stakeholders, including retailers,
151	151	5.28wind and solar energy infrastructure installers, owners, collectors, recyclers, and local
152	152	5.29government.
153	153	5.30 Subd. 6.Review and approval.(a) Within 90 days after receiving a proposed stewardship
154	154	5.31plan, the commissioner must determine whether the plan complies with subdivision 5. If
155	155	5.32the commissioner approves a plan, the commissioner must notify the applicant in writing
156	156	5.33of the plan's approval and implementation date, which must be no later than 90 days after
157	157	5Sec. 2.
158	158	REVISOR CKM/HL 23-0149412/29/22 6.1written notice of the plan's approval. If the commissioner rejects a plan, the commissioner
159	159	6.2must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose
160	160	6.3plan is rejected by the commissioner must submit a revised plan to the commissioner within
161	161	6.460 days after receiving notice of rejection.
162	162	6.5 (b) Any proposed changes to a stewardship plan must be approved by the commissioner
163	163	6.6in writing.
164	164	6.7 Subd. 7.Plan availability.All draft and approved stewardship plans must be placed on
165	165	6.8the agency website and made available at the agency headquarters for public review and
166	166	6.9comment.
167	167	6.10 Subd. 8.Requirement for sale.(a) Beginning 90 days after the commissioner approves
168	168	6.11a stewardship plan under subdivision 6, a producer, wholesaler, or retailer is prohibited
169	169	6.12from selling or offering for sale in the state solar photovoltaic modules and wind energy
170	170	6.13conversion systems unless the producer of solar photovoltaic modules and wind energy
171	171	6.14conversion systems participates in an approved stewardship plan, either individually or
172	172	6.15through a stewardship organization.
173	173	6.16 (b) Each producer must:
174	174	6.17 (1) operate a product stewardship program approved by the commissioner; or
175	175	6.18 (2) enter into an agreement with a stewardship organization to operate, on the producer's
176	176	6.19behalf, a product stewardship program approved by the commissioner.
177	177	6.20 Subd. 9.Conduct authorized.A producer or stewardship organization that organizes
178	178	6.21collection, transport, and processing of wind and solar energy infrastructure under this
179	179	6.22section is immune from liability for conduct under state laws relating to antitrust, restraint
180	180	6.23of trade, unfair trade practices, and other regulation of trade or commerce. Liability immunity
181	181	6.24under this section is limited to conduct necessary to plan and implement the producer's or
182	182	6.25organization's chosen organized collection or recycling system.
183	183	6.26 Subd. 10.Producer responsibilities.(a) On and after the implementation date of a
184	184	6.27product stewardship program under this section, a producer of wind and solar energy
185	185	6.28infrastructure must add the stewardship assessment, as approved by the commissioner, to
186	186	6.29the cost of wind and solar energy infrastructure sold to retailers and distributors in the state.
187	187	6.30 (b) A wind and solar infrastructure producer or the stewardship organization must provide
188	188	6.31consumers with educational materials regarding the stewardship assessment and product
189	189	6.32stewardship program. The materials must include but are not limited to information regarding
190	190	6.33available end-of-life management options for wind and solar energy infrastructure offered
191	191	6Sec. 2.
192	192	REVISOR CKM/HL 23-0149412/29/22 7.1through the product stewardship program and information notifying consumers that a charge
193	193	7.2for operating the product stewardship program is included in the purchase price of wind
194	194	7.3and solar energy infrastructure sold in the state.
195	195	7.4 (c) A producer or stewardship organization must conduct and document due diligence
196	196	7.5assessments of collectors and recyclers it contracts with, including an assessment of items
197	197	7.6specified under subdivision 11. A producer or stewardship organization must maintain
198	198	7.7documentation for three years that all wind and solar energy infrastructure recycled, partially
199	199	7.8recycled, or sent to downstream recycling operations comply with subdivision 11.
200	200	7.9 (d) A producer or stewardship organization must provide the commissioner with contact
201	201	7.10information for an individual who can be contacted regarding the producer's or stewardship
202	202	7.11organization's activities under this section.
203	203	7.12 Subd. 11.Recycler responsibilities.Beginning September 1, 2024, and each September
204	204	7.131 thereafter, a recycler must certify to the commissioner that wind and solar energy
205	205	7.14infrastructure recycling facilities, including all downstream recycling operations:
206	206	7.15 (1) comply with all applicable health, environmental, safety, and financial responsibility
207	207	7.16regulations;
208	208	7.17 (2) are licensed by all applicable governmental authorities;
209	209	7.18 (3) use no prison labor to recycle wind and solar energy infrastructure; and
210	210	7.19 (4) possess liability insurance of not less than $1,000,000 for environmental releases,
211	211	7.20accidents, and other emergencies.
212	212	7.21 Subd. 12.Retailer responsibilities.(a) Beginning 90 days after the commissioner
213	213	7.22approves a stewardship plan under subdivision 6, a producer is prohibited from selling solar
214	214	7.23photovoltaic modules and wind energy conversion systems in the state unless the wind and
215	215	7.24solar energy infrastructure's producer is participating in an approved stewardship plan.
216	216	7.25 (b) On and after the implementation date of a product stewardship program according
217	217	7.26to this section, a retailer or distributor, as applicable, is prohibited from offering solar
218	218	7.27photovoltaic modules and wind energy conversion systems for sale in this state unless the
219	219	7.28full amount of the stewardship assessment added to the cost of solar photovoltaic modules
220	220	7.29and wind energy conversion systems by producers under subdivision 10 is included in the
221	221	7.30purchase price of the solar photovoltaic modules and wind energy conversion systems.
222	222	7.31 (c) Any retailer may participate, on a voluntary basis, as a designated collection point
223	223	7.32pursuant to a product stewardship program under this section, subject to applicable law.
224	224	7Sec. 2.
225	225	REVISOR CKM/HL 23-0149412/29/22 8.1 (d) A retailer or distributor does not violate this subdivision if, on the date a solar
226	226	8.2photovoltaic module and wind energy conversion system sold by the retailer or distributor
227	227	8.3was ordered from the producer or its agent, the producer was listed as compliant on the
228	228	8.4agency website under subdivision 15.
229	229	8.5 Subd. 13.Stewardship reports.Beginning October 1, 2025, and each October 1
230	230	8.6thereafter, producers of wind and solar energy infrastructure sold in the state must,
231	231	8.7individually or through a stewardship organization, submit a report to the commissioner
232	232	8.8describing the product stewardship program. At a minimum, the report must contain:
233	233	8.9 (1) a description of the methods used to collect, transport, and process wind and solar
234	234	8.10energy infrastructure in all regions of the state;
235	235	8.11 (2) the number and weight of all wind and solar energy infrastructure collected in all
236	236	8.12regions of the state and a comparison to the performance goals and recycling rates contained
237	237	8.13in the stewardship plan;
238	238	8.14 (3) samples of educational materials provided to consumers, an evaluation of the
239	239	8.15effectiveness of the materials, and an evaluation of the methods used to disseminate the
240	240	8.16materials; and
241	241	8.17 (4) an independent financial audit of the stewardship program.
242	242	8.18 Subd. 14.Data classification.Trade secret information, as defined under section 13.37,
243	243	8.19and sales information submitted to the commissioner under this section are nonpublic or
244	244	8.20private data under section 13.37.
245	245	8.21 Subd. 15.Agency responsibilities.The commissioner must provide on the agency
246	246	8.22website:
247	247	8.23 (1) a list of all compliant producers and brands participating in approved stewardship
248	248	8.24plans; and
249	249	8.25 (2) a list of all producers and brands the commissioner has identified as noncompliant
250	250	8.26with this section.
251	251	8.27 Subd. 16.Local government responsibilities.(a) A city, county, or other public agency
252	252	8.28may choose to participate voluntarily in a product stewardship program.
253	253	8.29 (b) Cities, counties, and other public agencies are encouraged to work with producers
254	254	8.30and stewardship organizations to assist in meeting product stewardship program recycling
255	255	8.31obligations by providing education and outreach or using other strategies.
256	256	8Sec. 2.
257	257	REVISOR CKM/HL 23-0149412/29/22 9.1 Subd. 17.Administrative fee.(a) The stewardship organization or individual producer
258	258	9.2submitting a stewardship plan must pay an annual administrative fee to the commissioner.
259	259	9.3The commissioner may establish a variable fee based on relevant factors, including but not
260	260	9.4limited to the portion of solar photovoltaic modules and wind energy conversion systems
261	261	9.5sold in the state by members of the organization compared to the total amount of solar
262	262	9.6photovoltaic modules and wind energy conversion systems sold in the state by all
263	263	9.7organizations submitting a stewardship plan.
264	264	9.8 (b) By June 30, 2025, and by June 30 annually thereafter, the commissioner must identify
265	265	9.9the agency's costs incurred under this section. The commissioner must set the fee at an
266	266	9.10amount that, when paid by every stewardship organization or individual producer that
267	267	9.11submits a stewardship plan, is adequate to reimburse the agency's full costs of administering
268	268	9.12this section. The total annual fees collected under this subdivision must not exceed the
269	269	9.13amount necessary to reimburse costs incurred by the agency to administer this section.
270	270	9.14 (c) A stewardship organization or individual producer subject to this subdivision must
271	271	9.15pay the administrative fee under paragraph (a) on or before August 1, 2025, and by August
272	272	9.161 annually thereafter. Each year after the initial payment, the annual administrative fee may
273	273	9.17not exceed five percent of the aggregate stewardship assessment added to the cost of all
274	274	9.18wind and solar infrastructure sold by producers in the state for the preceding calendar year.
275	275	9.19 (d) All fees received under this section must be deposited to the state treasury and credited
276	276	9.20to a product stewardship account in the special revenue fund. For fiscal years 2024 and
277	277	9.212025, the amount collected under this section is annually appropriated to the commissioner
278	278	9.22to implement and enforce this section.
279	279	9.23 Sec. 3. Minnesota Statutes 2022, section 115A.142, is amended to read:
280	280	9.24 115A.142 REPORT TO LEGISLATURE AND GOVERNOR.
281	281	9.25 As part of the report required under section 115A.121, the commissioner of the Pollution
282	282	9.26Control Agency shall provide a report to the governor and the legislature on the
283	283	9.27implementation of section sections 115A.1415 and 115A.1416.
284	284	9.28 Sec. 4. [115A.9657] WIND AND SOLAR INFRASTRUCTURE DISPOSAL
285	285	9.29PROHIBITION.
286	286	9.30 A person is prohibited from placing wind and solar energy infrastructure in mixed
287	287	9.31municipal solid waste.
288	288	9.32 EFFECTIVE DATE.This section is effective the day following final enactment.
289	289	9Sec. 4.
290	290	REVISOR CKM/HL 23-0149412/29/22