Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1371 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; exempting paper products from the extended producer
3	3	1.3 responsibility program managing solid waste; amending Minnesota Statutes 2024,
4	4	1.4 sections 115A.1441, subdivisions 10, 16, 26; 115A.1442; 115A.1450, subdivision
5	5	1.5 4; 115A.1451, subdivision 7; 115A.1454, subdivision 1.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 115A.1441, subdivision 10, is amended to
8	8	1.8read:
9	9	1.9 Subd. 10.Covered material."Covered material" means packaging and paper products
10	10	1.10introduced in this state. Covered material does not include exempt materials.
11	11	1.11 EFFECTIVE DATE.This section is effective the day following final enactment.
12	12	1.12 Sec. 2. Minnesota Statutes 2024, section 115A.1441, subdivision 16, is amended to read:
13	13	1.13 Subd. 16.Exempt materials."Exempt materials" means materials, or any portion of
14	14	1.14materials, that are:
15	15	1.15 (1) are packaging for infant formula, as defined in United States Code, title 21, section
16	16	1.16321(z);
17	17	1.17 (2) are packaging for medical food, as defined in United States Code, title 21, section
18	18	1.18360ee(b)(3);
19	19	1.19 (3) are packaging for a fortified oral nutritional supplement used by persons who require
20	20	1.20supplemental or sole source nutrition to meet nutritional needs due to special dietary needs
21	21	1.21directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive,
22	22	1.22as those terms are defined by the International Classification of Diseases, Tenth Revision;
23	23	1Sec. 2.
24	24	REVISOR CKM/CH 25-0360402/10/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1371
30	30	NINETY-FOURTH SESSION 2.1 (4) are packaging for a product regulated as a drug or medical device by the United
31	31	2.2States Food and Drug Administration, including associated components and consumable
32	32	2.3medical equipment;
33	33	2.4 (5) are packaging for a medical equipment or product used in medical settings that is
34	34	2.5regulated by the United States Food and Drug Administration, including associated
35	35	2.6components and consumable medical equipment;
36	36	2.7 (6) are drugs, biological products, parasiticides, medical devices, or in vitro diagnostics
37	37	2.8that are used to treat, or that are administered to, animals and are regulated by the United
38	38	2.9States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act,
39	39	2.10United States Code, title 21, section 301 et seq., by the United States Department of
40	40	2.11Agriculture under the federal Virus-Serum-Toxin Act, United States Code, title 21, section
41	41	2.12151 et seq.;
42	42	2.13 (7) are packaging for products regulated by the United States Environmental Protection
43	43	2.14Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code,
44	44	2.15title 7, section 136 et seq.;
45	45	2.16 (8) are packaging used to contain liquefied petroleum gas and are designed to be refilled;
46	46	2.17 (9) are paper products used for a newspaper's print publications, including supplements
47	47	2.18or enclosures, that include content derived from primary sources related to news and current
48	48	2.19events;
49	49	2.20 (10) are paper products used for a magazine's print publication that has a circulation of
50	50	2.21less than 95,000 and that primarily includes content derived from primary sources related
51	51	2.22to news and current events;
52	52	2.23 (11) are (9) packaging used to contain hazardous or flammable products regulated by
53	53	2.24the 2012 federal Occupational Safety and Health Administration Hazard Communication
54	54	2.25Standard, Code of Federal Regulations, title 29, section 1910.1200, that prevent the packaging
55	55	2.26from being waste reduced or made reusable, recyclable, or compostable, as determined by
56	56	2.27the commissioner;
57	57	2.28 (12) are (10) packaging that is being collected and properly managed through a paint
58	58	2.29stewardship plan approved under section 115A.1415;
59	59	2.30 (13) are (11) exempt materials, as determined by the commissioner under section
60	60	2.31115A.1453, subdivision 6; or
61	61	2.32 (14) are (12) covered materials that:
62	62	2Sec. 2.
63	63	REVISOR CKM/CH 25-0360402/10/25 3.1 (i) a producer distributes to another producer;
64	64	3.2 (ii) are subsequently used to contain a product, and the product is distributed to a
65	65	3.3commercial, institutional, industrial, or business entity for the production of another product;
66	66	3.4and
67	67	3.5 (iii) are not subsequently introduced to a any other person other than the commercial or
68	68	3.6business entity that first received the product used for the production of another product.
69	69	3.7 EFFECTIVE DATE.This section is effective the day following final enactment.
70	70	3.8 Sec. 3. Minnesota Statutes 2024, section 115A.1441, subdivision 26, is amended to read:
71	71	3.9 Subd. 26.Producer.(a) "Producer" means the following person responsible for
72	72	3.10compliance with requirements under sections 115A.144 to 115A.1463 for a covered material
73	73	3.11introduced:
74	74	3.12 (1) for items sold in or with packaging at a physical retail location in this state:
75	75	3.13 (i) if the item is sold in or with packaging under the brand of the item manufacturer or
76	76	3.14is sold in packaging that lacks identification of a brand, the producer is the person that
77	77	3.15manufactures the item;
78	78	3.16 (ii) if there is no person to which item (i) applies, the producer is the person that is
79	79	3.17licensed to manufacture and sell or offer for sale to consumers in this state an item with
80	80	3.18packaging under the brand or trademark of another manufacturer or person;
81	81	3.19 (iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
82	82	3.20of the item;
83	83	3.21 (iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
84	84	3.22producer is the person who is the importer of record for the item into the United States for
85	85	3.23use in a commercial enterprise that sells, offers for sale, or distributes the item in this state;
86	86	3.24or
87	87	3.25 (v) if there is no person described in items (i) to (iv), the producer is the person that first
88	88	3.26distributes the item in or into this state;
89	89	3.27 (2) for items sold or distributed in packaging in or into this state via e-commerce, remote
90	90	3.28sale, or distribution:
91	91	3.29 (i) for packaging used to directly protect or contain the item, the producer of the packaging
92	92	3.30is the same as the producer identified under clause (1); and
93	93	3Sec. 3.
94	94	REVISOR CKM/CH 25-0360402/10/25 4.1 (ii) for packaging used to ship the item to a consumer, the producer of the packaging is
95	95	4.2the person that packages the item to be shipped to the consumer;
96	96	4.3 (3) for packaging that is a covered material and is not included in clauses (1) and (2),
97	97	4.4the producer of the packaging is the person that first distributes the item in or into this state;
98	98	4.5and
99	99	4.6 (4) for paper products that are magazines, catalogs, telephone directories, or similar
100	100	4.7publications, the producer is the publisher;
101	101	4.8 (5) for paper products not described in clause (4):
102	102	4.9 (i) if the paper product is sold under the manufacturer's own brand, the producer is the
103	103	4.10person that manufactures the paper product;
104	104	4.11 (ii) if there is no person to which item (i) applies, the producer is the person that is the
105	105	4.12owner or licensee of a brand or trademark under which the paper product is used in a
106	106	4.13commercial enterprise, sold, offered for sale, or distributed in or into this state, whether or
107	107	4.14not the trademark is registered in this state;
108	108	4.15 (iii) if there is no person to which item (i) or (ii) applies, the producer is the brand owner
109	109	4.16of the paper product;
110	110	4.17 (iv) if there is no person described in item (i), (ii), or (iii) within the United States, the
111	111	4.18producer is the person that imports the paper product into the United States for use in a
112	112	4.19commercial enterprise that sells, offers for sale, or distributes the paper product in this state;
113	113	4.20or
114	114	4.21 (v) if there is no person described in items (i) to (iv), the producer is the person that first
115	115	4.22distributes the paper product in or into this state; and
116	116	4.23 (6) (4) a person is the producer of a covered material sold, offered for sale, or distributed
117	117	4.24in or into this state, as defined in clauses (1) to (5) (3), except:
118	118	4.25 (i) where another person has mutually signed an agreement with a producer as defined
119	119	4.26in clauses (1) to (5) (3) that contractually assigns responsibility to the person as the producer,
120	120	4.27and the person has joined a registered producer responsibility organization as the responsible
121	121	4.28producer for that covered material under sections 115A.144 to 115A.1463. In the event that
122	122	4.29another person is assigned responsibility as the producer under this subdivision, the producer
123	123	4.30under clauses (1) to (5) (3) must provide written certification of that contractual agreement
124	124	4.31to the producer responsibility organization; and
125	125	4Sec. 3.
126	126	REVISOR CKM/CH 25-0360402/10/25 5.1 (ii) if the producer described in clauses (1) to (5) (3) is a business operated wholly or in
127	127	5.2part as a franchise, the producer is the franchisor if that franchisor has franchisees that have
128	128	5.3a commercial presence within the state.
129	129	5.4 (b) "Producer" does not include:
130	130	5.5 (1) a state, a federal or state agency, a political subdivision, or other governmental unit;
131	131	5.6 (2) a registered 501(c)(3) charitable organization or 501(c)(4) social welfare organization;
132	132	5.7 (3) a de minimis producer;
133	133	5.8 (4) a mill that uses any virgin wood fiber in the products it produces; or
134	134	5.9 (5) a paper mill that produces container board derived from 100 percent postconsumer
135	135	5.10recycled content and nonpostconsumer recycled content.
136	136	5.11 EFFECTIVE DATE.This section is effective the day following final enactment.
137	137	5.12 Sec. 4. Minnesota Statutes 2024, section 115A.1442, is amended to read:
138	138	5.13 115A.1442 ESTABLISHMENT OF PROGRAM.
139	139	5.14 Producers must implement and finance a statewide program for packaging and paper
140	140	5.15products in accordance with sections 115A.144 to 115A.1463 that encourages redesign to
141	141	5.16reduce the environmental impacts and human health impacts and that reduces generation
142	142	5.17of covered materials waste through waste reduction, reuse, recycling, and composting and
143	143	5.18by providing for the collection, transportation, and processing of used covered materials
144	144	5.19for reuse, recycling, and composting.
145	145	5.20 EFFECTIVE DATE.This section is effective the day following final enactment.
146	146	5.21 Sec. 5. Minnesota Statutes 2024, section 115A.1450, subdivision 4, is amended to read:
147	147	5.22 Subd. 4.Content of needs assessment.A needs assessment must include at least the
148	148	5.23following:
149	149	5.24 (1) an evaluation of:
150	150	5.25 (i) existing waste reduction, reuse, recycling, and composting, as applicable, for each
151	151	5.26covered materials type, including collection rates, recycling rates, composting rates, reuse
152	152	5.27rates, and return rates, as applicable, for each covered materials type;
153	153	5.28 (ii) overall recycling rate, composting rate, reuse rate, and return rate for all covered
154	154	5.29materials; and
155	155	5Sec. 5.
156	156	REVISOR CKM/CH 25-0360402/10/25 6.1 (iii) the extent to which postconsumer recycled content, by the best estimate, is or could
157	157	6.2be incorporated into each covered materials type, as applicable, including a review of market
158	158	6.3and technical barriers to incorporating postconsumer materials into covered materials;
159	159	6.4 (2) an evaluation of covered materials in the disposal, recycling, and composting streams
160	160	6.5to determine the covered materials types and amounts within each stream, using new studies
161	161	6.6conducted by the commissioner or publicly available and applicable studies;
162	162	6.7 (3) proposals for a range of outcomes for each covered materials type to be accomplished
163	163	6.8within a five-year time frame in multiple units of measurement, including but not limited
164	164	6.9to unit-based, weight-based, and volume-based, for each of the following:
165	165	6.10 (i) waste reduction;
166	166	6.11 (ii) reuse rate and return rates;
167	167	6.12 (iii) recycling rates;
168	168	6.13 (iv) composting rates; and
169	169	6.14 (v) postconsumer recycled content, if applicable;
170	170	6.15 (4) proposals for a range of outcomes for the categories established in section 115A.1451,
171	171	6.16subdivision 7, that consider:
172	172	6.17 (i) information contained in or used to prepare a needs assessment according to this
173	173	6.18subdivision;
174	174	6.19 (ii) goals and requirements of the Waste Management Act;
175	175	6.20 (iii) statewide goals for greenhouse gas emission reductions under section 216H.02;
176	176	6.21 (iv) the need for continuous progress toward overall reduction in the generation of
177	177	6.22covered materials waste and the complete reuse, recycling, or composting of covered
178	178	6.23materials to reduce environmental impacts and human health impacts;
179	179	6.24 (v) a preference for statewide requirements that accomplish and further the goals and
180	180	6.25requirements in items (ii) to (iv) as soon as practicable and to the maximum extent achievable;
181	181	6.26and
182	182	6.27 (vi) information from packaging and paper product producer responsibility programs
183	183	6.28operating in other jurisdictions;
184	184	6.29 (5) an evaluation of the factors for each covered material collected for recycling or
185	185	6.30composting as established in section 115A.1453, subdivision 4;
186	186	6Sec. 5.
187	187	REVISOR CKM/CH 25-0360402/10/25 7.1 (6) recommended collection methods by covered materials type to maximize collection
188	188	7.2efficiency, maximize feedstock quality, and optimize service and convenience for collection
189	189	7.3of covered materials to be considered or that are included on lists established in section
190	190	7.4115A.1453;
191	191	7.5 (7) proposed plans and metrics for how to measure progress in achieving performance
192	192	7.6targets and statewide requirements;
193	193	7.7 (8) an evaluation of options for third-party certification of activities to meet obligations
194	194	7.8of sections 115A.144 to 115A.1463;
195	195	7.9 (9) an inventory of the current system, including:
196	196	7.10 (i) infrastructure, capacity, performance, funding level, and method and sources of
197	197	7.11financing for the existing covered services for covered materials operating in the state;
198	198	7.12 (ii) an estimate of total annual costs of covered services based on registered service
199	199	7.13provider costs; and
200	200	7.14 (iii) availability and cost of covered services for covered materials to covered entities
201	201	7.15and any other location where covered materials are introduced, including identification of
202	202	7.16disparities in the availability of these services in environmental justice areas compared with
203	203	7.17other areas and proposals for reducing or eliminating those disparities;
204	204	7.18 (10) an evaluation of investments needed to increase waste reduction, reuse, recycling,
205	205	7.19and composting rates of covered materials according to the range of proposed performance
206	206	7.20targets and statewide requirements, including investments in existing and new infrastructure
207	207	7.21that would also:
208	208	7.22 (i) maintain or improve operations of existing infrastructure and accounts for waste
209	209	7.23reduction, reuse, recycling, and composting of covered materials statewide;
210	210	7.24 (ii) expand the availability and accessibility of recycling collection services for recyclable
211	211	7.25covered materials to all covered entities to optimize service and convenience; and
212	212	7.26 (iii) establish and expand the availability and accessibility of reuse services for reusable
213	213	7.27covered materials;
214	214	7.28 (11) a recommended methodology for applying criteria and formulas to establish
215	215	7.29reimbursement rates as described in section 115A.1455;
216	216	7.30 (12) an assessment of the viability and robustness of markets for recyclable covered
217	217	7.31materials and the degree to which these markets can be considered responsible markets;
218	218	7Sec. 5.
219	219	REVISOR CKM/CH 25-0360402/10/25 8.1 (13) an assessment of the level and causes of contamination of source-separated recyclable
220	220	8.2materials, source-separated compostable materials and collected reusables, and the impacts
221	221	8.3of contamination on service providers, including the cost to manage this contamination;
222	222	8.4 (14) an assessment of toxic substances intentionally added to covered materials, whether
223	223	8.5this limits one or more covered materials types from being used as a marketable feedstock,
224	224	8.6and best practices producers can implement to reduce intentionally added toxic substances
225	225	8.7in covered materials that could be verified through suppliers certificates of compliance,
226	226	8.8testing, or other analytical and scientifically demonstrated methodology;
227	227	8.9 (15) an assessment of current best practices to increase public awareness, educate, and
228	228	8.10complete outreach activities accounting for culturally responsive materials and methods
229	229	8.11and an evaluation of the efficacy of these efforts, including assessments and evaluations of
230	230	8.12current best practices and efforts on:
231	231	8.13 (i) using product or packaging labels as a means of informing consumers about
232	232	8.14environmentally sound use and management of covered materials;
233	233	8.15 (ii) increasing public awareness of how to use and manage covered materials in an
234	234	8.16environmentally sound manner and how to access waste reduction, reuse, recycling, and
235	235	8.17composting services; and
236	236	8.18 (iii) encouraging behavior change to increase participation in waste reduction, reuse,
237	237	8.19recycling, and composting programs;
238	238	8.20 (16) identification of the covered materials with the most significant environmental
239	239	8.21impact, including assessing each covered material's generation of hazardous waste, generation
240	240	8.22of greenhouse gases, environmental justice impacts, public health impacts, and other impacts;
241	241	8.23 (17) recommendations for meeting the criteria for an alternative collection program as
242	242	8.24established in section 115A.1451, subdivision 8; and
243	243	8.25 (18) other items identified by the commissioner that would aid the creation of the
244	244	8.26stewardship plan, its administration, and the enforcement of sections 115A.144 to 115A.1463.
245	245	8.27 EFFECTIVE DATE.This section is effective the day following final enactment.
246	246	8.28 Sec. 6. Minnesota Statutes 2024, section 115A.1451, subdivision 7, is amended to read:
247	247	8.29 Subd. 7.Statewide requirements.(a) The commissioner must establish statewide
248	248	8.30requirements and the date by which they must be met for the following categories:
249	249	8.31 (1) recycling rate;
250	250	8Sec. 6.
251	251	REVISOR CKM/CH 25-0360402/10/25 9.1 (2) composting rate;
252	252	9.2 (3) reuse rate;
253	253	9.3 (4) return rate;
254	254	9.4 (5) the percentage of covered materials introduced that must be waste reduced; and
255	255	9.5 (6) the percentage of postconsumer recycled content that covered materials must contain,
256	256	9.6including an overall percentage for all covered materials, as applicable, excluding
257	257	9.7compostable materials that cannot include postconsumer recycled content due to unique
258	258	9.8chemical or physical properties or health and safety requirements that prohibit introduction
259	259	9.9of postconsumer recycled content.
260	260	9.10 (b) The commissioner may use the following information and criteria when establishing
261	261	9.11statewide requirements under paragraph (a):
262	262	9.12 (1) needs assessments under section 115A.1450;
263	263	9.13 (2) goals and requirements of the Waste Management Act;
264	264	9.14 (3) statewide goals for greenhouse gas emission reductions under section 216H.02;
265	265	9.15 (4) the need for continuous progress toward overall reduction in the generation of covered
266	266	9.16materials waste and the complete reuse, recycling, or composting of covered materials to
267	267	9.17reduce environmental impacts and human health impacts;
268	268	9.18 (5) a preference for statewide requirements that accomplish and further the goals and
269	269	9.19requirements in clauses (2) to (4) as soon as practicable and to the maximum extent
270	270	9.20achievable; and
271	271	9.21 (6) information from packaging and paper product producer responsibility programs
272	272	9.22operating in other jurisdictions.
273	273	9.23 (c) The commissioner must consult with the producer responsibility organization on
274	274	9.24establishing statewide requirements, submit proposed statewide requirements for review
275	275	9.25by the board, and consider the board's recommendations before finalizing the statewide
276	276	9.26requirements.
277	277	9.27 (d) Every five years, the commissioner must review the statewide requirements established
278	278	9.28under paragraph (a). If the commissioner decides an update is not warranted at that time,
279	279	9.29the commissioner must submit the reasoning to the advisory board and consider the board's
280	280	9.30recommendations before making a final decision. If the commissioner decides an update is
281	281	9.31warranted, the process in paragraphs (b) and (c) must be utilized.
282	282	9Sec. 6.
283	283	REVISOR CKM/CH 25-0360402/10/25 10.1 (e) The producer responsibility organization must ensure the statewide requirements are
284	284	10.2met.
285	285	10.3 EFFECTIVE DATE.This section is effective the day following final enactment.
286	286	10.4 Sec. 7. Minnesota Statutes 2024, section 115A.1454, subdivision 1, is amended to read:
287	287	10.5 Subdivision 1.Annual fee.A producer responsibility organization must annually collect
288	288	10.6a fee from each member producer that must:
289	289	10.7 (1) vary based on the total amount of covered materials each producer introduces in the
290	290	10.8prior year calculated on a per-unit basis, such as per ton, per item, or another unit of
291	291	10.9measurement;
292	292	10.10 (2) reflect the program costs for each covered materials type, net of commodity value
293	293	10.11for that covered materials type, as well as allocated fixed costs that do not vary based on
294	294	10.12covered materials type;
295	295	10.13 (3) incentivize using materials and design attributes that reduce the environmental impacts
296	296	10.14and human health impacts of covered materials by:
297	297	10.15 (i) eliminating intentionally added toxic substances in covered materials;
298	298	10.16 (ii) reducing the amount of:
299	299	10.17 (A) packaging per individual covered material that is necessary to efficiently deliver a
300	300	10.18product without damage or spoilage and without reducing its ability to be recycled; and
301	301	10.19 (B) paper used to manufacture individual paper products;
302	302	10.20 (iii) increasing the amount of covered materials managed in a reuse system;
303	303	10.21 (iv) increasing the proportion of postconsumer material in covered materials;
304	304	10.22 (v) enhancing the recyclability or compostability of a covered material; and
305	305	10.23 (vi) increasing the amount of inputs derived from renewable and sustainable sources;
306	306	10.24 (4) discourage using materials and design attributes in covered materials whose
307	307	10.25environmental impacts and human health impacts can be reduced by the methods listed
308	308	10.26under clause (3);
309	309	10.27 (5) prioritize reuse by charging covered materials that are managed through a reuse
310	310	10.28system only once, upon initial entry into the marketplace; and
311	311	10.29 (6) generate revenue sufficient to pay in full:
312	312	10.30 (i) the fee required under section 115A.1443;
313	313	10Sec. 7.
314	314	REVISOR CKM/CH 25-0360402/10/25 11.1 (ii) financial obligations to complete activities described in an approved stewardship
315	315	11.2plan and to reimburse service providers under section 115A.1455;
316	316	11.3 (iii) the operating costs of the producer responsibility organization; and
317	317	11.4 (iv) for establishment and maintenance of a financial reserve that is sufficient to operate
318	318	11.5the program in a fiscally prudent and responsible manner.
319	319	11.6 EFFECTIVE DATE.This section is effective the day following final enactment.
320	320	11Sec. 7.
321	321	REVISOR CKM/CH 25-0360402/10/25