| 28 | | - | Adoption of Report: Amended and re-referred to the Committee on Environment and Natural Resources Finance and Policy03/06/2025 |
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| 29 | | - | Adoption of Report: Placed on the General Register as Amended03/17/2025 |
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| 30 | | - | Read for the Second Time |
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| 31 | + | Adoption of Report: Amended and re-referred to the Committee on Environment and Natural Resources Finance and Policy03/06/2025 2.1 Sec. 2. [115A.1417] WIND AND SOLAR ENERGY INFRASTRUCTURE; PRODUCT |
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| 32 | + | 2.2STEWARDSHIP PROGRAM; STEWARDSHIP PLAN. |
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| 33 | + | 2.3 Subdivision 1.Definitions.(a) For purposes of this section, the terms in paragraphs (b) |
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| 34 | + | 2.4to (n) have the meanings given. |
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| 35 | + | 2.5 (b) "Brand" means a name, symbol, word, or mark that: |
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| 36 | + | 2.6 (1) identifies a solar photovoltaic module or wind energy conversion system, rather than |
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| 37 | + | 2.7their individual components; and |
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| 38 | + | 2.8 (2) attributes the solar photovoltaic module or wind energy conversion system to the |
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| 39 | + | 2.9owner or licensee of the name, symbol, word, or mark as the producer. |
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| 40 | + | 2.10 (c) "Discarded wind and solar energy infrastructure" means wind and solar energy |
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| 41 | + | 2.11infrastructure that is no longer used for its manufactured purpose. |
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| 42 | + | 2.12 (d) "Producer" means a person that: |
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| 43 | + | 2.13 (1) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic |
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| 44 | + | 2.14modules or wind energy conversion systems sold in the state; |
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| 45 | + | 2.15 (2) imports solar photovoltaic modules or wind energy conversion systems branded by |
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| 46 | + | 2.16a producer that meets the criteria in clause (1) when the producer has no physical presence |
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| 47 | + | 2.17in the United States; |
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| 48 | + | 2.18 (3) if clauses (1) and (2) do not apply, makes unbranded solar photovoltaic modules or |
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| 49 | + | 2.19wind energy conversion systems that are sold in the state; or |
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| 50 | + | 2.20 (4) sells solar photovoltaic modules or wind energy conversion systems at wholesale or |
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| 51 | + | 2.21retail, does not have legal ownership of the brand, and elects to fulfill the producer's |
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| 52 | + | 2.22responsibilities for the solar photovoltaic modules or wind energy conversion systems by |
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| 53 | + | 2.23certifying that election in writing to the commissioner. |
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| 54 | + | 2.24 (e) "Recycling" means the process of: |
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| 55 | + | 2.25 (1) collecting and preparing recyclable materials; and |
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| 56 | + | 2.26 (2) using recyclable materials in manufacturing processes that do not destroy the |
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| 57 | + | 2.27recyclable materials in a manner that precludes subsequent use. |
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| 58 | + | 2.28 (f) "Retailer" means any person who offers solar photovoltaic modules or wind energy |
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| 59 | + | 2.29conversion systems for sale at retail in the state. |
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| 60 | + | 2.30 (g) "Sale" or "sell" means transfer of title to solar photovoltaic modules or wind energy |
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| 61 | + | 2.31conversion systems for consideration, including a remote sale conducted through a sales |
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| 62 | + | 2Sec. 2. |
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| 63 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 3.1outlet, catalog, website, or similar electronic means. Sale or sell includes a lease through |
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| 64 | + | 3.2which solar photovoltaic modules or wind energy conversion systems are provided to a |
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| 65 | + | 3.3consumer by a producer, wholesaler, or retailer. |
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| 66 | + | 3.4 (h) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision |
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| 67 | + | 3.51. |
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| 68 | + | 3.6 (i) "Stewardship assessment" means the amount added to the purchase price of wind |
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| 69 | + | 3.7and solar infrastructure sold in the state that is necessary to cover the cost of collecting, |
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| 70 | + | 3.8transporting, and processing discarded wind and solar infrastructure by the producer or |
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| 71 | + | 3.9stewardship organization pursuant to a product stewardship program. |
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| 72 | + | 3.10 (j) "Stewardship organization" means an organization appointed by one or more producers |
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| 73 | + | 3.11to act as an agent on behalf of the producer to design, submit, and administer a product |
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| 74 | + | 3.12stewardship program under this section. |
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| 75 | + | 3.13 (k) "Stewardship plan" means a detailed plan describing the manner in which a product |
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| 76 | + | 3.14stewardship program under subdivision 2 will be implemented. |
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| 77 | + | 3.15 (l) "Wind and solar energy infrastructure" means: |
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| 78 | + | 3.16 (1) solar photovoltaic modules; or |
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| 79 | + | 3.17 (2) wind energy conversion systems or wind energy conversion system components. |
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| 80 | + | 3.18 (m) "Wind energy conversion system" has the meaning given in section 216C.06, |
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| 81 | + | 3.19subdivision 19. |
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| 82 | + | 3.20 (n) "Wind energy conversion system components" means individual parts of a wind |
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| 83 | + | 3.21energy conversion system, including but not limited to rotor blades, towers, hubs, and |
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| 84 | + | 3.22generators. |
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| 85 | + | 3.23 Subd. 2.Product stewardship program.Producers must, individually or through a |
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| 86 | + | 3.24stewardship organization, implement and finance a statewide product stewardship program |
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| 87 | + | 3.25that manages wind and solar energy infrastructure sold in the state that has been discarded |
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| 88 | + | 3.26by reducing waste generation, promoting recycling, and negotiating and executing agreements |
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| 89 | + | 3.27to collect, transport, and process the wind and solar energy infrastructure for end-of-life |
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| 90 | + | 3.28recycling. |
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| 91 | + | 3.29 Subd. 3.Requirement to submit plan.(a) On or before March 1, 2026, and before |
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| 92 | + | 3.30offering wind and solar infrastructure for sale in the state, a producer must: |
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| 93 | + | 3.31 (1) submit to the commissioner and receive approval of a stewardship plan; or |
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| 94 | + | 3Sec. 2. |
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| 95 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 4.1 (2) submit to the commissioner documentation that demonstrates the producer has entered |
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| 96 | + | 4.2into an agreement with a stewardship organization to be an active participant in an approved |
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| 97 | + | 4.3product stewardship program described under subdivision 2. |
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| 98 | + | 4.4A stewardship plan under clause (1) or (2) must include all elements required under |
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| 99 | + | 4.5subdivision 4. |
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| 100 | + | 4.6 (b) The entity responsible for each stewardship plan must, if required by the |
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| 101 | + | 4.7commissioner, submit an amendment to the plan every five years. |
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| 102 | + | 4.8 (c) The entity responsible for each stewardship plan must notify the commissioner within |
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| 103 | + | 4.930 days of any significant changes or modifications to the plan or its implementation and |
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| 104 | + | 4.10must submit a revised written plan to the commissioner for review and approval within 30 |
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| 105 | + | 4.11days of the notification. |
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| 106 | + | 4.12 Subd. 4.Stewardship plan content.A stewardship plan must contain: |
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| 107 | + | 4.13 (1) certification that the product stewardship program will accept all discarded wind and |
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| 108 | + | 4.14solar energy infrastructure, regardless of which producer produced the wind and solar energy |
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| 109 | + | 4.15infrastructure; |
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| 110 | + | 4.16 (2) contact information for the individual and the entity submitting the plan, a list of all |
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| 111 | + | 4.17producers participating in the product stewardship program, and the brands covered by the |
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| 112 | + | 4.18product stewardship program; |
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| 113 | + | 4.19 (3) a description of the methods proposed to collect the discarded wind and solar energy |
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| 114 | + | 4.20infrastructure in all areas in the state without relying on end-of-life fees, including: |
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| 115 | + | 4.21 (i) an explanation of how the collection system is designed to be convenient and adequate |
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| 116 | + | 4.22to serve the needs of small businesses and residents in both urban and rural areas on an |
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| 117 | + | 4.23ongoing basis; and |
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| 118 | + | 4.24 (ii) a discussion of opportunities to integrate the existing household hazardous waste |
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| 119 | + | 4.25infrastructure when selecting collection sites; |
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| 120 | + | 4.26 (4) a description of the techniques to be used to monitor and maintain the adequacy of |
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| 121 | + | 4.27the collection program; |
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| 122 | + | 4.28 (5) the names and locations of collectors, transporters, and recyclers that will manage |
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| 123 | + | 4.29discarded wind and solar infrastructure; |
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| 124 | + | 4.30 (6) a description of how discarded wind and solar energy infrastructure are to be safely |
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| 125 | + | 4.31and securely transported, tracked, and handled from collection through final recycling and |
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| 126 | + | 4.32processing; |
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| 127 | + | 4Sec. 2. |
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| 128 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 5.1 (7) a description of the method to be used to dismantle and recycle discarded wind and |
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| 129 | + | 5.2solar energy infrastructure to ensure that, to the extent feasible, the components of the wind |
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| 130 | + | 5.3and solar energy infrastructure are transformed or remanufactured into finished products |
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| 131 | + | 5.4for use; |
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| 132 | + | 5.5 (8) a description of the promotion and outreach activities to be used to encourage |
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| 133 | + | 5.6participation in the collection and recycling program, including measures to evaluate the |
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| 134 | + | 5.7activities' effectiveness and whether the program requires modification; |
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| 135 | + | 5.8 (9) the proposed uniform stewardship assessment for all wind and solar energy |
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| 136 | + | 5.9infrastructure sold in the state, which must be reviewed by an independent auditor to ensure |
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| 137 | + | 5.10that the assessment does not exceed the costs of the product stewardship program. The |
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| 138 | + | 5.11independent auditor must recommend a stewardship assessment amount, which must be |
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| 139 | + | 5.12approved by the commissioner; |
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| 140 | + | 5.13 (10) evidence of adequate insurance and financial assurance, if required for collection, |
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| 141 | + | 5.14handling, recycling, and disposal operations; |
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| 142 | + | 5.15 (11) five-year performance goals, including an estimate of both the percentage and |
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| 143 | + | 5.16amount of discarded wind and solar energy infrastructure to be collected and recycled during |
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| 144 | + | 5.17each of the first five years of the stewardship plan. The performance goals must state the |
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| 145 | + | 5.18methodology used to determine the goals and must be based on: |
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| 146 | + | 5.19 (i) the most recent collection data available for the state; |
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| 147 | + | 5.20 (ii) the estimated number and weight of wind and solar energy infrastructure disposed |
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| 148 | + | 5.21of annually; and |
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| 149 | + | 5.22 (iii) actual collection data from other existing stewardship programs; and |
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| 150 | + | 5.23 (12) a discussion regarding the status of end markets for collected wind and solar energy |
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| 151 | + | 5.24infrastructure and what, if any, additional end markets are needed to improve the functioning |
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| 152 | + | 5.25of the program. |
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| 153 | + | 5.26 Subd. 5.Consultation required.When developing a stewardship plan, each stewardship |
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| 154 | + | 5.27organization or individual producer must consult with stakeholders, including retailers, |
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| 155 | + | 5.28wind and solar energy infrastructure installers, owners, collectors, recyclers, and local |
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| 156 | + | 5.29government. |
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| 157 | + | 5.30 Subd. 6.Review and approval.(a) Within 90 days after receiving a proposed stewardship |
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| 158 | + | 5.31plan, the commissioner must determine whether the plan complies with subdivision 4. If |
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| 159 | + | 5.32the commissioner approves a plan, the commissioner must notify the applicant in writing |
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| 160 | + | 5.33of the plan's approval and implementation date, which must be no later than 90 days after |
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| 161 | + | 5Sec. 2. |
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| 162 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 6.1written notice of the plan's approval. If the commissioner rejects a plan, the commissioner |
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| 163 | + | 6.2must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose |
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| 164 | + | 6.3plan is rejected by the commissioner must submit a revised plan to the commissioner within |
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| 165 | + | 6.460 days after receiving notice of rejection. |
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| 166 | + | 6.5 (b) Any proposed changes to a stewardship plan must be approved by the commissioner |
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| 167 | + | 6.6in writing. |
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| 168 | + | 6.7 Subd. 7.Plan availability.All draft and approved stewardship plans must be placed on |
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| 169 | + | 6.8the agency website and made available at the agency headquarters for public review and |
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| 170 | + | 6.9comment. |
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| 171 | + | 6.10 Subd. 8.Requirement for sale.(a) Beginning 90 days after the commissioner approves |
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| 172 | + | 6.11a stewardship plan under subdivision 6, a producer, wholesaler, or retailer is prohibited |
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| 173 | + | 6.12from selling or offering for sale in the state solar photovoltaic modules and wind energy |
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| 174 | + | 6.13conversion systems unless the producer of solar photovoltaic modules and wind energy |
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| 175 | + | 6.14conversion systems participates in an approved stewardship plan, either individually or |
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| 176 | + | 6.15through a stewardship organization. |
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| 177 | + | 6.16 (b) Each producer must: |
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| 178 | + | 6.17 (1) operate a product stewardship program approved by the commissioner; or |
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| 179 | + | 6.18 (2) enter into an agreement with a stewardship organization to operate, on the producer's |
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| 180 | + | 6.19behalf, a product stewardship program approved by the commissioner. |
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| 181 | + | 6.20 Subd. 9.Conduct authorized.A producer or stewardship organization that organizes |
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| 182 | + | 6.21collection, transport, and processing of wind and solar energy infrastructure under this |
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| 183 | + | 6.22section is immune from liability for conduct under state laws relating to antitrust, restraint |
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| 184 | + | 6.23of trade, unfair trade practices, and other regulation of trade or commerce. Liability immunity |
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| 185 | + | 6.24under this section is limited to conduct necessary to plan and implement the producer's or |
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| 186 | + | 6.25organization's chosen organized collection or recycling system. |
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| 187 | + | 6.26 Subd. 10.Producer responsibilities.(a) On and after the implementation date of a |
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| 188 | + | 6.27product stewardship program under this section, a producer of wind and solar energy |
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| 189 | + | 6.28infrastructure must add the stewardship assessment, as approved by the commissioner, to |
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| 190 | + | 6.29the cost of wind and solar energy infrastructure sold to retailers and distributors in the state. |
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| 191 | + | 6.30 (b) A wind and solar infrastructure producer or the stewardship organization must provide |
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| 192 | + | 6.31consumers with educational materials regarding the stewardship assessment and product |
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| 193 | + | 6.32stewardship program. The materials must include but are not limited to information regarding |
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| 194 | + | 6.33available end-of-life management options for wind and solar energy infrastructure offered |
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| 195 | + | 6Sec. 2. |
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| 196 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 7.1through the product stewardship program and information notifying consumers that a charge |
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| 197 | + | 7.2for operating the product stewardship program is included in the purchase price of wind |
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| 198 | + | 7.3and solar energy infrastructure sold in the state. |
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| 199 | + | 7.4 (c) A producer or stewardship organization must conduct and document due diligence |
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| 200 | + | 7.5assessments of collectors and recyclers it contracts with, including an assessment of items |
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| 201 | + | 7.6specified under subdivision 11. A producer or stewardship organization must maintain |
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| 202 | + | 7.7documentation for three years that all wind and solar energy infrastructure recycled, partially |
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| 203 | + | 7.8recycled, or sent to downstream recycling operations comply with subdivision 11. |
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| 204 | + | 7.9 (d) A producer or stewardship organization must provide the commissioner with contact |
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| 205 | + | 7.10information for an individual who can be contacted regarding the producer's or stewardship |
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| 206 | + | 7.11organization's activities under this section. |
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| 207 | + | 7.12 Subd. 11.Recycler responsibilities.Beginning September 1, 2026, and each September |
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| 208 | + | 7.131 thereafter, a recycler must certify to the commissioner that wind and solar energy |
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| 209 | + | 7.14infrastructure recycling facilities, including all downstream recycling operations: |
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| 210 | + | 7.15 (1) comply with all applicable health, environmental, safety, and financial responsibility |
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| 211 | + | 7.16regulations; |
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| 212 | + | 7.17 (2) are licensed by all applicable governmental authorities; |
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| 213 | + | 7.18 (3) use no prison labor to recycle wind and solar energy infrastructure; and |
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| 214 | + | 7.19 (4) possess liability insurance of not less than $1,000,000 for environmental releases, |
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| 215 | + | 7.20accidents, and other emergencies. |
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| 216 | + | 7.21 Subd. 12.Retailer responsibilities.(a) Beginning 90 days after the commissioner |
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| 217 | + | 7.22approves a stewardship plan under subdivision 6, a producer is prohibited from selling solar |
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| 218 | + | 7.23photovoltaic modules and wind energy conversion systems in the state unless the wind and |
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| 219 | + | 7.24solar energy infrastructure's producer is participating in an approved stewardship plan. |
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| 220 | + | 7.25 (b) On and after the implementation date of a product stewardship program according |
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| 221 | + | 7.26to this section, a retailer or distributor, as applicable, is prohibited from offering solar |
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| 222 | + | 7.27photovoltaic modules and wind energy conversion systems for sale in this state unless the |
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| 223 | + | 7.28full amount of the stewardship assessment added to the cost of solar photovoltaic modules |
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| 224 | + | 7.29and wind energy conversion systems by producers under subdivision 10 is included in the |
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| 225 | + | 7.30purchase price of the solar photovoltaic modules and wind energy conversion systems. |
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| 226 | + | 7.31 (c) Any retailer may participate, on a voluntary basis, as a designated collection point |
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| 227 | + | 7.32pursuant to a product stewardship program under this section, subject to applicable law. |
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| 228 | + | 7Sec. 2. |
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| 229 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 8.1 (d) A retailer or distributor does not violate this subdivision if, on the date a solar |
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| 230 | + | 8.2photovoltaic module and wind energy conversion system sold by the retailer or distributor |
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| 231 | + | 8.3was ordered from the producer or its agent, the producer was listed as compliant on the |
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| 232 | + | 8.4agency website under subdivision 15. |
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| 233 | + | 8.5 Subd. 13.Stewardship reports.Beginning October 1, 2027, and each October 1 |
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| 234 | + | 8.6thereafter, producers of wind and solar energy infrastructure sold in the state must, |
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| 235 | + | 8.7individually or through a stewardship organization, submit a report to the commissioner |
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| 236 | + | 8.8describing the product stewardship program. At a minimum, the report must contain: |
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| 237 | + | 8.9 (1) a description of the methods used to collect, transport, and process wind and solar |
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| 238 | + | 8.10energy infrastructure in all regions of the state; |
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| 239 | + | 8.11 (2) the number and weight of all wind and solar energy infrastructure collected in all |
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| 240 | + | 8.12regions of the state and a comparison to the performance goals and recycling rates contained |
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| 241 | + | 8.13in the stewardship plan; |
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| 242 | + | 8.14 (3) samples of educational materials provided to consumers, an evaluation of the |
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| 243 | + | 8.15effectiveness of the materials, and an evaluation of the methods used to disseminate the |
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| 244 | + | 8.16materials; and |
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| 245 | + | 8.17 (4) an independent financial audit of the stewardship program. |
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| 246 | + | 8.18 Subd. 14.Data classification.Trade secret information, as defined under section 13.37, |
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| 247 | + | 8.19and sales information submitted to the commissioner under this section are nonpublic or |
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| 248 | + | 8.20private data under section 13.37. |
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| 249 | + | 8.21 Subd. 15.Agency responsibilities.The commissioner must provide on the agency |
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| 250 | + | 8.22website: |
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| 251 | + | 8.23 (1) a list of all compliant producers and brands participating in approved stewardship |
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| 252 | + | 8.24plans; and |
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| 253 | + | 8.25 (2) a list of all producers and brands the commissioner has identified as noncompliant |
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| 254 | + | 8.26with this section. |
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| 255 | + | 8.27 Subd. 16.Local government responsibilities.(a) A city, county, or other public agency |
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| 256 | + | 8.28may choose to participate voluntarily in a product stewardship program. |
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| 257 | + | 8.29 (b) Cities, counties, and other public agencies are encouraged to work with producers |
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| 258 | + | 8.30and stewardship organizations to assist in meeting product stewardship program recycling |
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| 259 | + | 8.31obligations by providing education and outreach or using other strategies. |
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| 260 | + | 8Sec. 2. |
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| 261 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 9.1 Subd. 17.Administrative fee.(a) The stewardship organization or individual producer |
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| 262 | + | 9.2submitting a stewardship plan must pay an annual administrative fee to the commissioner. |
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| 263 | + | 9.3The commissioner may establish a variable fee based on relevant factors, including but not |
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| 264 | + | 9.4limited to the portion of solar photovoltaic modules and wind energy conversion systems |
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| 265 | + | 9.5sold in the state by members of the organization compared to the total amount of solar |
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| 266 | + | 9.6photovoltaic modules and wind energy conversion systems sold in the state by all |
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| 267 | + | 9.7organizations submitting a stewardship plan. |
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| 268 | + | 9.8 (b) By June 30, 2027, and by June 30 annually thereafter, the commissioner must identify |
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| 269 | + | 9.9the agency's costs incurred under this section. The commissioner must set the fee at an |
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| 270 | + | 9.10amount that, when paid by every stewardship organization or individual producer that |
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| 271 | + | 9.11submits a stewardship plan, is adequate to reimburse the agency's full costs of administering |
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| 272 | + | 9.12this section. The total annual fees collected under this subdivision must not exceed the |
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| 273 | + | 9.13amount necessary to reimburse costs incurred by the agency to administer this section. |
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| 274 | + | 9.14 (c) A stewardship organization or individual producer subject to this subdivision must |
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| 275 | + | 9.15pay the administrative fee under paragraph (a) on or before August 1, 2027, and by August |
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| 276 | + | 9.161 annually thereafter. Each year after the initial payment, the annual administrative fee may |
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| 277 | + | 9.17not exceed five percent of the aggregate stewardship assessment added to the cost of all |
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| 278 | + | 9.18wind and solar infrastructure sold by producers in the state for the preceding calendar year. |
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| 279 | + | 9.19 (d) All fees received under this section must be deposited to the state treasury and credited |
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| 280 | + | 9.20to a product stewardship account in the special revenue fund. For fiscal years 2026 and |
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| 281 | + | 9.212027, the amount collected under this section is annually appropriated to the commissioner |
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| 282 | + | 9.22to implement and enforce this section. |
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| 283 | + | 9.23 Sec. 3. Minnesota Statutes 2024, section 115A.142, is amended to read: |
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| 284 | + | 9.24 115A.142 REPORT TO LEGISLATURE AND GOVERNOR. |
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| 285 | + | 9.25 As part of the report required under section 115A.121, the commissioner of the Pollution |
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| 286 | + | 9.26Control Agency shall provide a report to the governor and the legislature on the |
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| 287 | + | 9.27implementation of section sections 115A.1415 and 115A.1417. |
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| 288 | + | 9.28 Sec. 4. [115A.9657] WIND AND SOLAR INFRASTRUCTURE DISPOSAL |
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| 289 | + | 9.29PROHIBITIONS. |
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| 290 | + | 9.30 Subdivision 1.Mixed municipal solid waste.A person is prohibited from placing wind |
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| 291 | + | 9.31and solar energy infrastructure in mixed municipal solid waste. |
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| 292 | + | 9Sec. 4. |
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| 293 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT 10.1 Subd. 2.Landfills; moratorium.Wind and solar energy infrastructure must not be |
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| 294 | + | 10.2disposed of in landfills in Minnesota. |
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| 295 | + | 10.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 296 | + | 10Sec. 4. |
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| 297 | + | REVISOR CKM H1040-1HF1040 FIRST ENGROSSMENT |
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