1067 | | - | 31.12Sec. 6. CONSERVATION CORPS |
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1068 | | - | 31.13MINNESOTA AND IOWA |
---|
1069 | | - | 31.14 Appropriations by Fund |
---|
1070 | | - | 202731.15 2026 |
---|
1071 | | - | 580,000580,00031.16General |
---|
1072 | | - | 490,000490,00031.17Natural Resources |
---|
1073 | | - | 31.18Conservation Corps Minnesota and Iowa may |
---|
1074 | | - | 31.19receive money appropriated from the natural |
---|
1075 | | - | 31.20resources fund under this section only as |
---|
1076 | | - | 31.21provided in an agreement with the |
---|
1077 | | - | 31.22commissioner of natural resources. |
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1078 | | - | 13,837,000$13,837,000$31.23Sec. 7. ZOOLOGICAL BOARD |
---|
1079 | | - | 31.24 Appropriations by Fund |
---|
1080 | | - | 202731.25 2026 |
---|
1081 | | - | 13,582,00013,582,00031.26General |
---|
1082 | | - | 255,000255,00031.27Natural Resources |
---|
1083 | | - | 31.28$255,000 the first year and $255,000 the |
---|
1084 | | - | 31.29second year are from the natural resources |
---|
1085 | | - | 31.30fund from revenue deposited under Minnesota |
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1086 | | - | 31.31Statutes, section 297A.94, paragraph (h), |
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1087 | | - | 31.32clause (5). |
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1088 | | - | 1,260,000$1,260,000$31.33Sec. 8. SCIENCE MUSEUM |
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1089 | | - | 31Article 1 Sec. 8. |
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1090 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 32.1 Sec. 9. Laws 2023, chapter 60, article 1, section 2, subdivision 1, is amended to read: |
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1091 | | - | 32.2 229,638,000 |
---|
1092 | | - | 226,638,000$305,345,000$32.3Subdivision 1.Total Appropriation |
---|
1093 | | - | 32.4 Appropriations by Fund |
---|
1094 | | - | 202532.5 2024 |
---|
1095 | | - | 32.6 100,098,000 |
---|
1096 | | - | 97,098,000179,534,00032.7General |
---|
1097 | | - | 90,00085,000 |
---|
1098 | | - | 32.8State Government |
---|
1099 | | - | 32.9Special Revenue |
---|
1100 | | - | 109,203,000106,055,00032.10Environmental |
---|
1101 | | - | 20,247,00019,671,00032.11Remediation |
---|
1102 | | - | 32.12The amounts that may be spent for each |
---|
1103 | | - | 32.13purpose are specified in the following |
---|
1104 | | - | 32.14subdivisions. |
---|
1105 | | - | 32.15The commissioner must present the agency's |
---|
1106 | | - | 32.16biennial budget for fiscal years 2026 and 2027 |
---|
1107 | | - | 32.17to the legislature in a transparent way by |
---|
1108 | | - | 32.18agency division, including the proposed |
---|
1109 | | - | 32.19budget bill and presentations of the budget to |
---|
1110 | | - | 32.20committees and divisions with jurisdiction |
---|
1111 | | - | 32.21over the agency's budget. |
---|
1112 | | - | 32.22 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1113 | | - | 32.23Sec. 10. Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read: |
---|
1114 | | - | 32.24 72,785,000 |
---|
1115 | | - | 69,785,00079,311,00032.25Subd. 2.Environmental Analysis and Outcomes |
---|
1116 | | - | 32.26 Appropriations by Fund |
---|
1117 | | - | 202532.27 2024 |
---|
1118 | | - | 32.28 53,047,000 |
---|
1119 | | - | 50,047,00060,103,00032.29General |
---|
1120 | | - | 19,533,00018,959,00032.30Environmental |
---|
1121 | | - | 205,000249,00032.31Remediation |
---|
1122 | | - | 32.32(a) $122,000 the first year and $125,000 the |
---|
1123 | | - | 32.33second year are from the general fund for: |
---|
1124 | | - | 32.34(1) a municipal liaison to assist municipalities |
---|
1125 | | - | 32.35in implementing and participating in the |
---|
1126 | | - | 32Article 1 Sec. 10. |
---|
1127 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 33.1rulemaking process for water quality standards |
---|
1128 | | - | 33.2and navigating the NPDES/SDS permitting |
---|
1129 | | - | 33.3process; |
---|
1130 | | - | 33.4(2) enhanced economic analysis in the |
---|
1131 | | - | 33.5rulemaking process for water quality |
---|
1132 | | - | 33.6standards, including more-specific analysis |
---|
1133 | | - | 33.7and identification of cost-effective permitting; |
---|
1134 | | - | 33.8(3) developing statewide economic analyses |
---|
1135 | | - | 33.9and templates to reduce the amount of |
---|
1136 | | - | 33.10information and time required for |
---|
1137 | | - | 33.11municipalities to apply for variances from |
---|
1138 | | - | 33.12water quality standards; and |
---|
1139 | | - | 33.13(4) coordinating with the Public Facilities |
---|
1140 | | - | 33.14Authority to identify and advocate for the |
---|
1141 | | - | 33.15resources needed for urban, suburban, and |
---|
1142 | | - | 33.16Greater Minnesota municipalities to achieve |
---|
1143 | | - | 33.17permit requirements. |
---|
1144 | | - | 33.18(b) $216,000 the first year and $219,000 the |
---|
1145 | | - | 33.19second year are from the environmental fund |
---|
1146 | | - | 33.20for a monitoring program under Minnesota |
---|
1147 | | - | 33.21Statutes, section 116.454. |
---|
1148 | | - | 33.22(c) $132,000 the first year and $137,000 the |
---|
1149 | | - | 33.23second year are for monitoring water quality |
---|
1150 | | - | 33.24and operating assistance programs. |
---|
1151 | | - | 33.25(d) $390,000 the first year and $399,000 the |
---|
1152 | | - | 33.26second year are from the environmental fund |
---|
1153 | | - | 33.27for monitoring ambient air for hazardous |
---|
1154 | | - | 33.28pollutants. |
---|
1155 | | - | 33.29(e) $106,000 the first year and $109,000 the |
---|
1156 | | - | 33.30second year are from the environmental fund |
---|
1157 | | - | 33.31for duties related to harmful chemicals in |
---|
1158 | | - | 33.32children's products under Minnesota Statutes, |
---|
1159 | | - | 33.33sections 116.9401 to 116.9407. Of this |
---|
1160 | | - | 33.34amount, $68,000 the first year and $70,000 |
---|
1161 | | - | 33Article 1 Sec. 10. |
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1162 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 34.1the second year are transferred to the |
---|
1163 | | - | 34.2commissioner of health. |
---|
1164 | | - | 34.3(f) $128,000 the first year and $132,000 the |
---|
1165 | | - | 34.4second year are from the environmental fund |
---|
1166 | | - | 34.5for registering wastewater laboratories. |
---|
1167 | | - | 34.6(g) $1,492,000 the first year and $1,519,000 |
---|
1168 | | - | 34.7the second year are from the environmental |
---|
1169 | | - | 34.8fund to continue perfluorochemical |
---|
1170 | | - | 34.9biomonitoring in eastern metropolitan |
---|
1171 | | - | 34.10communities, as recommended by the |
---|
1172 | | - | 34.11Environmental Health Tracking and |
---|
1173 | | - | 34.12Biomonitoring Advisory Panel, and to address |
---|
1174 | | - | 34.13other environmental health risks, including air |
---|
1175 | | - | 34.14quality. The communities must include Hmong |
---|
1176 | | - | 34.15and other immigrant farming communities. |
---|
1177 | | - | 34.16Of this amount, up to $1,226,000 the first year |
---|
1178 | | - | 34.17and $1,248,000 the second year are for transfer |
---|
1179 | | - | 34.18to the commissioner of health. |
---|
1180 | | - | 34.19(h) $61,000 the first year and $62,000 the |
---|
1181 | | - | 34.20second year are from the environmental fund |
---|
1182 | | - | 34.21for the listing procedures for impaired waters |
---|
1183 | | - | 34.22required under this act. |
---|
1184 | | - | 34.23(i) $72,000 the first year and $74,000 the |
---|
1185 | | - | 34.24second year are from the remediation fund for |
---|
1186 | | - | 34.25the leaking underground storage tank program |
---|
1187 | | - | 34.26to investigate, clean up, and prevent future |
---|
1188 | | - | 34.27releases from underground petroleum storage |
---|
1189 | | - | 34.28tanks and for the petroleum remediation |
---|
1190 | | - | 34.29program for vapor assessment and |
---|
1191 | | - | 34.30remediation. These same annual amounts are |
---|
1192 | | - | 34.31transferred from the petroleum tank fund to |
---|
1193 | | - | 34.32the remediation fund. |
---|
1194 | | - | 34.33(j) $500,000 the first year is to facilitate the |
---|
1195 | | - | 34.34collaboration and modeling of greenhouse gas |
---|
1196 | | - | 34Article 1 Sec. 10. |
---|
1197 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 35.1impacts, costs, and benefits of strategies to |
---|
1198 | | - | 35.2reduce statewide greenhouse gas emissions. |
---|
1199 | | - | 35.3This is a onetime appropriation. |
---|
1200 | | - | 35.4(k) $50,266,000 the first year and $50,270,000 |
---|
1201 | | - | 35.5$47,270,000 the second year are to establish |
---|
1202 | | - | 35.6and implement a local government climate |
---|
1203 | | - | 35.7resiliency and water infrastructure grant |
---|
1204 | | - | 35.8program for local governmental units and |
---|
1205 | | - | 35.9Tribal governments. Of this amount, |
---|
1206 | | - | 35.10$49,100,000 each the first year is and |
---|
1207 | | - | 35.11$46,100,000 the second year are for grants to |
---|
1208 | | - | 35.12support communities in planning and |
---|
1209 | | - | 35.13implementing projects that will allow for |
---|
1210 | | - | 35.14adaptation for a changing climate. At least 40 |
---|
1211 | | - | 35.15percent of the money granted under this |
---|
1212 | | - | 35.16paragraph must be for projects in areas that |
---|
1213 | | - | 35.17meet environmental justice criteria. By |
---|
1214 | | - | 35.18December 30, 2027, the commissioner must |
---|
1215 | | - | 35.19submit a report on the use of grant money to |
---|
1216 | | - | 35.20the chairs and ranking minority members of |
---|
1217 | | - | 35.21the legislative committees with jurisdiction |
---|
1218 | | - | 35.22over environment and natural resources |
---|
1219 | | - | 35.23finance. This appropriation is available until |
---|
1220 | | - | 35.24June 30, 2027. The base for this appropriation |
---|
1221 | | - | 35.25in fiscal year 2026 and beyond is $270,000. |
---|
1222 | | - | 35.26(l) $75,000 the first year is for a grant to the |
---|
1223 | | - | 35.27city of Fergus Falls to address water-quality |
---|
1224 | | - | 35.28concerns at Lake Alice. |
---|
1225 | | - | 35.29(m) $150,000 the first year is for a grant to |
---|
1226 | | - | 35.30Rice County to address water-quality concerns |
---|
1227 | | - | 35.31at French Lake. |
---|
1228 | | - | 35.32(n) $75,000 the first year is for a grant to |
---|
1229 | | - | 35.33Ramsey County to address water-quality |
---|
1230 | | - | 35.34concerns at Round Lake. |
---|
1231 | | - | 35Article 1 Sec. 10. |
---|
1232 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 36.1(o) Recipients of money appropriated in |
---|
1233 | | - | 36.2paragraphs (l), (m), and (n) may use the grants |
---|
1234 | | - | 36.3to contract for water-quality improvement |
---|
1235 | | - | 36.4services, testing, necessary infrastructure, |
---|
1236 | | - | 36.5training, and maintenance. |
---|
1237 | | - | 36.6(p) $2,070,000 the first year and $2,070,000 |
---|
1238 | | - | 36.7the second year are from the environmental |
---|
1239 | | - | 36.8fund to develop and implement a program |
---|
1240 | | - | 36.9related to emerging issues, including |
---|
1241 | | - | 36.10Minnesota's PFAS Blueprint. |
---|
1242 | | - | 36.11(q) $1,820,000 the first year and $1,820,000 |
---|
1243 | | - | 36.12the second year are from the environmental |
---|
1244 | | - | 36.13fund to support improved management of data |
---|
1245 | | - | 36.14collected by the agency and its partners and |
---|
1246 | | - | 36.15regulated parties to facilitate decision-making |
---|
1247 | | - | 36.16and public access. |
---|
1248 | | - | 36.17(r) $500,000 the first year is from the general |
---|
1249 | | - | 36.18fund for the report on firefighter turnout gear |
---|
1250 | | - | 36.19and biomonitoring required under this act. Of |
---|
1251 | | - | 36.20this amount, up to $250,000 may be |
---|
1252 | | - | 36.21transferred to the commissioner of health for |
---|
1253 | | - | 36.22biomonitoring of firefighters. |
---|
1254 | | - | 36.23(s) $500,000 the first year is to develop |
---|
1255 | | - | 36.24protocols to be used by agencies and |
---|
1256 | | - | 36.25departments for sampling and testing |
---|
1257 | | - | 36.26groundwater, surface water, public drinking |
---|
1258 | | - | 36.27water, and private wells for microplastics and |
---|
1259 | | - | 36.28nanoplastics and to begin implementation. The |
---|
1260 | | - | 36.29commissioner of the Pollution Control Agency |
---|
1261 | | - | 36.30may transfer money appropriated under this |
---|
1262 | | - | 36.31paragraph to the commissioners of agriculture, |
---|
1263 | | - | 36.32natural resources, and health to implement the |
---|
1264 | | - | 36.33protocols developed. This is a onetime |
---|
1265 | | - | 36.34appropriation and is available until June 30, |
---|
1266 | | - | 36.352025. |
---|
1267 | | - | 36Article 1 Sec. 10. |
---|
1268 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 37.1(t) $50,000 the first year is from the |
---|
1269 | | - | 37.2remediation fund for the work group on PFAS |
---|
1270 | | - | 37.3manufacturer fees and report required under |
---|
1271 | | - | 37.4this act. |
---|
1272 | | - | 37.5(u) $387,000 the first year and $90,000 the |
---|
1273 | | - | 37.6second year are to develop and implement the |
---|
1274 | | - | 37.7requirements for fish kills under Minnesota |
---|
1275 | | - | 37.8Statutes, sections 103G.216 and 103G.2165. |
---|
1276 | | - | 37.9Of this amount, up to $331,000 the first year |
---|
1277 | | - | 37.10and $90,000 the second year may be |
---|
1278 | | - | 37.11transferred to the commissioners of health, |
---|
1279 | | - | 37.12natural resources, agriculture, and public |
---|
1280 | | - | 37.13safety and to the Board of Regents of the |
---|
1281 | | - | 37.14University of Minnesota as necessary to |
---|
1282 | | - | 37.15implement those sections. The base for this |
---|
1283 | | - | 37.16appropriation for fiscal year 2026 and beyond |
---|
1284 | | - | 37.17is $7,000. |
---|
1285 | | - | 37.18(v) $63,000 the first year and $92,000 the |
---|
1286 | | - | 37.19second year are for transfer to the |
---|
1287 | | - | 37.20commissioner of health for amending the |
---|
1288 | | - | 37.21health risk limit for PFOS. This is a onetime |
---|
1289 | | - | 37.22appropriation and is available until June 30, |
---|
1290 | | - | 37.232026. |
---|
1291 | | - | 37.24(w) $5,000,000 the first year is for community |
---|
1292 | | - | 37.25air-monitoring grants as provided in this act. |
---|
1293 | | - | 37.26This is a onetime appropriation and is |
---|
1294 | | - | 37.27available until June 30, 2027. |
---|
1295 | | - | 37.28(x) $2,333,000 the first year and $2,333,000 |
---|
1296 | | - | 37.29the second year are to adopt rules and |
---|
1297 | | - | 37.30implement air toxics emissions requirements |
---|
1298 | | - | 37.31under Minnesota Statutes, section 116.062. |
---|
1299 | | - | 37.32The general fund appropriations are onetime |
---|
1300 | | - | 37.33and are available until June 30, 2027. The base |
---|
1301 | | - | 37.34for this appropriation is $0 in fiscal year 2026 |
---|
1302 | | - | 37Article 1 Sec. 10. |
---|
1303 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 38.1and $1,400,000 from the environmental fund |
---|
1304 | | - | 38.2in fiscal year 2027 and beyond. |
---|
1305 | | - | 38.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1306 | | - | 38.4 Sec. 11. Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read: |
---|
1307 | | - | 57,974,00082,000,00038.5Subd. 7.Resource Management and Assistance |
---|
1308 | | - | 38.6 Appropriations by Fund |
---|
1309 | | - | 202538.7 2024 |
---|
1310 | | - | 13,850,00038,464,00038.8General |
---|
1311 | | - | 44,124,00043,536,00038.9Environmental |
---|
1312 | | - | 38.10(a) Up to $150,000 the first year and $150,000 |
---|
1313 | | - | 38.11the second year may be transferred from the |
---|
1314 | | - | 38.12environmental fund to the small business |
---|
1315 | | - | 38.13environmental improvement loan account |
---|
1316 | | - | 38.14under Minnesota Statutes, section 116.993. |
---|
1317 | | - | 38.15(b) $1,000,000 the first year and $1,000,000 |
---|
1318 | | - | 38.16the second year are for competitive recycling |
---|
1319 | | - | 38.17grants under Minnesota Statutes, section |
---|
1320 | | - | 38.18115A.565. Of this amount, $300,000 the first |
---|
1321 | | - | 38.19year and $300,000 the second year are from |
---|
1322 | | - | 38.20the general fund, and $700,000 the first year |
---|
1323 | | - | 38.21and $700,000 the second year are from the |
---|
1324 | | - | 38.22environmental fund. This appropriation is |
---|
1325 | | - | 38.23available until June 30, 2027. |
---|
1326 | | - | 38.24(c) $694,000 the first year and $694,000 the |
---|
1327 | | - | 38.25second year are from the environmental fund |
---|
1328 | | - | 38.26for emission-reduction activities and grants to |
---|
1329 | | - | 38.27small businesses and other |
---|
1330 | | - | 38.28nonpoint-emission-reduction efforts. Of this |
---|
1331 | | - | 38.29amount, $100,000 the first year and $100,000 |
---|
1332 | | - | 38.30the second year are to continue work with |
---|
1333 | | - | 38.31Clean Air Minnesota, and the commissioner |
---|
1334 | | - | 38.32may enter into an agreement with |
---|
1335 | | - | 38.33Environmental Initiative to support this effort. |
---|
1336 | | - | 38Article 1 Sec. 11. |
---|
1337 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 39.1(d) $18,450,000 the first year and $18,450,000 |
---|
1338 | | - | 39.2the second year are from the environmental |
---|
1339 | | - | 39.3fund for SCORE block grants to counties. |
---|
1340 | | - | 39.4(e) $119,000 the first year and $119,000 the |
---|
1341 | | - | 39.5second year are from the environmental fund |
---|
1342 | | - | 39.6for environmental assistance grants or loans |
---|
1343 | | - | 39.7under Minnesota Statutes, section 115A.0716. |
---|
1344 | | - | 39.8(f) $400,000 the first year and $400,000 the |
---|
1345 | | - | 39.9second year are from the environmental fund |
---|
1346 | | - | 39.10for grants to develop and expand recycling |
---|
1347 | | - | 39.11markets for Minnesota businesses. This |
---|
1348 | | - | 39.12appropriation is available until June 30, 2027. |
---|
1349 | | - | 39.13(g) $767,000 the first year and $770,000 the |
---|
1350 | | - | 39.14second year are from the environmental fund |
---|
1351 | | - | 39.15for reducing and diverting food waste, |
---|
1352 | | - | 39.16redirecting edible food for consumption, and |
---|
1353 | | - | 39.17removing barriers to collecting and recovering |
---|
1354 | | - | 39.18organic waste. Of this amount, $500,000 each |
---|
1355 | | - | 39.19year is for grants to increase food rescue and |
---|
1356 | | - | 39.20waste prevention. This appropriation is |
---|
1357 | | - | 39.21available until June 30, 2027. |
---|
1358 | | - | 39.22(h) $2,797,000 the first year and $2,811,000 |
---|
1359 | | - | 39.23the second year are from the environmental |
---|
1360 | | - | 39.24fund for the purposes of Minnesota Statutes, |
---|
1361 | | - | 39.25section 473.844. |
---|
1362 | | - | 39.26(i) $318,000 the first year and $324,000 the |
---|
1363 | | - | 39.27second year are from the environmental fund |
---|
1364 | | - | 39.28to address chemicals in products, including to |
---|
1365 | | - | 39.29implement and enforce flame retardant |
---|
1366 | | - | 39.30provisions under Minnesota Statutes, section |
---|
1367 | | - | 39.31325F.071, and perfluoroalkyl and |
---|
1368 | | - | 39.32polyfluoroalkyl substances in food packaging |
---|
1369 | | - | 39.33provisions under Minnesota Statutes, section |
---|
1370 | | - | 39.34325F.075. Of this amount, $78,000 the first |
---|
1371 | | - | 39Article 1 Sec. 11. |
---|
1372 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 40.1year and $80,000 the second year are |
---|
1373 | | - | 40.2transferred to the commissioner of health. |
---|
1374 | | - | 40.3(j) $180,000 the first year and $140,000 the |
---|
1375 | | - | 40.4second year are for quantifying climate-related |
---|
1376 | | - | 40.5impacts from projects for environmental |
---|
1377 | | - | 40.6review. This is a onetime appropriation. This |
---|
1378 | | - | 40.7appropriation is available until June 30, 2026. |
---|
1379 | | - | 40.8(k) $1,790,000 the first year and $70,000 the |
---|
1380 | | - | 40.9second year are for accelerating pollution |
---|
1381 | | - | 40.10prevention at small businesses. Of this amount, |
---|
1382 | | - | 40.11$1,720,000 the first year is for transfer to the |
---|
1383 | | - | 40.12environmental fund for zero-interest loans |
---|
1384 | | - | 40.13under Minnesota Statutes, section 116.993, to |
---|
1385 | | - | 40.14phase out high-polluting equipment, products, |
---|
1386 | | - | 40.15and processes and replace with new options. |
---|
1387 | | - | 40.16This appropriation is available until June 30, |
---|
1388 | | - | 40.172027. This is a onetime appropriation. |
---|
1389 | | - | 40.18(l) $190,000 the first year and $190,000 the |
---|
1390 | | - | 40.19second year are to support the Greenstep Cities |
---|
1391 | | - | 40.20program. This is a onetime appropriation. This |
---|
1392 | | - | 40.21appropriation is available until June 30, 2026. |
---|
1393 | | - | 40.22(m) $420,000 the first year is to complete a |
---|
1394 | | - | 40.23study on the viability of recycling solar energy |
---|
1395 | | - | 40.24equipment. This is a onetime appropriation |
---|
1396 | | - | 40.25and is available until June 30, 2026. |
---|
1397 | | - | 40.26(n) $650,000 the first year and $650,000 the |
---|
1398 | | - | 40.27second year are from the environmental fund |
---|
1399 | | - | 40.28for Minnesota GreenCorps investment. |
---|
1400 | | - | 40.29(o) $4,210,000 the first year and $210,000 the |
---|
1401 | | - | 40.30second year are for PFAS reduction grants. |
---|
1402 | | - | 40.31Of this amount, $4,000,000 the first year is |
---|
1403 | | - | 40.32for grants to industry and public entities to |
---|
1404 | | - | 40.33identify sources of PFAS entering facilities |
---|
1405 | | - | 40.34and to develop pollution prevention and |
---|
1406 | | - | 40Article 1 Sec. 11. |
---|
1407 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 41.1reduction initiatives to reduce PFAS entering |
---|
1408 | | - | 41.2facilities, prevent releases, and monitor the |
---|
1409 | | - | 41.3effectiveness of these projects. Priority must |
---|
1410 | | - | 41.4be given to projects in underserved |
---|
1411 | | - | 41.5communities. This is a onetime appropriation |
---|
1412 | | - | 41.6and is available until June 30, 2027. |
---|
1413 | | - | 41.7(p) $12,940,000 the first year and $12,940,000 |
---|
1414 | | - | 41.8the second year are for a waste prevention and |
---|
1415 | | - | 41.9reduction grants and loan program. This is a |
---|
1416 | | - | 41.10onetime appropriation and is available until |
---|
1417 | | - | 41.11June 30, 2027. Of this amount in the first year, |
---|
1418 | | - | 41.12$7,950,000 is for waste prevention and |
---|
1419 | | - | 41.13reduction grants and loans and $3,000,000 is |
---|
1420 | | - | 41.14for a grant to the owner of a biomass energy |
---|
1421 | | - | 41.15generation plant in Shakopee that uses waste |
---|
1422 | | - | 41.16heat from the generation of electricity in the |
---|
1423 | | - | 41.17malting process to purchase a wood dehydrator |
---|
1424 | | - | 41.18to facilitate disposal of wood that is infested |
---|
1425 | | - | 41.19by the emerald ash borer. Of this amount in |
---|
1426 | | - | 41.20the second year, $10,950,000 is for waste |
---|
1427 | | - | 41.21prevention and reduction grants and loans, |
---|
1428 | | - | 41.22including $1,000,000 for transfer to the |
---|
1429 | | - | 41.23environmental fund for the purposes of |
---|
1430 | | - | 41.24Minnesota Statutes, section 115A.0716. By |
---|
1431 | | - | 41.25October 1, 2024, the commissioner of the |
---|
1432 | | - | 41.26Pollution Control Agency must report to the |
---|
1433 | | - | 41.27chairs and ranking minority members of the |
---|
1434 | | - | 41.28legislative committees and divisions with |
---|
1435 | | - | 41.29jurisdiction over environment and natural |
---|
1436 | | - | 41.30resources on the use of money appropriated |
---|
1437 | | - | 41.31for the wood dehydrator under this paragraph. |
---|
1438 | | - | 41.32(q) $16,562,000 the first year is for grants to |
---|
1439 | | - | 41.33a Minnesota nonprofit corporation that owns |
---|
1440 | | - | 41.34a cogeneration facility that serves a St. Paul |
---|
1441 | | - | 41.35district heating and cooling system to preserve |
---|
1442 | | - | 41Article 1 Sec. 11. |
---|
1443 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 42.1existing biomass energy infrastructure for |
---|
1444 | | - | 42.2purposes of local and regional emerald ash |
---|
1445 | | - | 42.3borer response efforts. The commissioner of |
---|
1446 | | - | 42.4the Pollution Control Agency may require the |
---|
1447 | | - | 42.5nonprofit corporation to charge a fee per ton |
---|
1448 | | - | 42.6of wood waste delivered to the facility. This |
---|
1449 | | - | 42.7is a onetime appropriation and is available |
---|
1450 | | - | 42.8until June 30, 2030. |
---|
1451 | | - | 42.9(r) $1,163,000 the first year and $1,115,000 |
---|
1452 | | - | 42.10the second year are from the environmental |
---|
1453 | | - | 42.11fund for rulemaking and implementation of |
---|
1454 | | - | 42.12the new PFAS requirements under Minnesota |
---|
1455 | | - | 42.13Statutes, section 116.943. Of this amount, |
---|
1456 | | - | 42.14$312,000 the first year and $468,000 the |
---|
1457 | | - | 42.15second year are for transfer to the |
---|
1458 | | - | 42.16commissioner of health. |
---|
1459 | | - | 42.17(s) $680,000 the first year is for the resource |
---|
1460 | | - | 42.18management report required in this act. This |
---|
1461 | | - | 42.19is a onetime appropriation and is available |
---|
1462 | | - | 42.20until June 30, 2026. |
---|
1463 | | - | 42.21(t) $35,000 the second year is from the |
---|
1464 | | - | 42.22environmental fund for the compostable |
---|
1465 | | - | 42.23labeling requirements under Minnesota |
---|
1466 | | - | 42.24Statutes, section 325E.046. The base for this |
---|
1467 | | - | 42.25appropriation in fiscal year 2026 and beyond |
---|
1468 | | - | 42.26is $68,000 from the environmental fund. |
---|
1469 | | - | 42.27(u) $175,000 the first year is for the |
---|
1470 | | - | 42.28rulemaking required under this act providing |
---|
1471 | | - | 42.29for the safe and lawful disposal of waste |
---|
1472 | | - | 42.30treated seed. This appropriation is available |
---|
1473 | | - | 42.31until June 30, 2025. |
---|
1474 | | - | 42.32(v) $1,000,000 the first year is for a lead tackle |
---|
1475 | | - | 42.33reduction program that provides outreach, |
---|
1476 | | - | 42.34education, and opportunities to safely dispose |
---|
1477 | | - | 42Article 1 Sec. 11. |
---|
1478 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 43.1of and exchange lead tackle throughout the |
---|
1479 | | - | 43.2state. This is a onetime appropriation and is |
---|
1480 | | - | 43.3available until June 30, 2027. |
---|
1481 | | - | 43.4(w) $17,000 the first year is for rulemaking |
---|
1482 | | - | 43.5for the capital assistance program. This is a |
---|
1483 | | - | 43.6onetime appropriation. |
---|
1484 | | - | 43.7(x) Any unencumbered grant and loan |
---|
1485 | | - | 43.8balances in the first year do not cancel but are |
---|
1486 | | - | 43.9available for grants and loans in the second |
---|
1487 | | - | 43.10year. Notwithstanding Minnesota Statutes, |
---|
1488 | | - | 43.11section 16A.28, the appropriations |
---|
1489 | | - | 43.12encumbered on or before June 30, 2025, as |
---|
1490 | | - | 43.13contracts or grants for environmental |
---|
1491 | | - | 43.14assistance awarded under Minnesota Statutes, |
---|
1492 | | - | 43.15section 115A.0716; technical and research |
---|
1493 | | - | 43.16assistance under Minnesota Statutes, section |
---|
1494 | | - | 43.17115A.152; technical assistance under |
---|
1495 | | - | 43.18Minnesota Statutes, section 115A.52; and |
---|
1496 | | - | 43.19pollution prevention assistance under |
---|
1497 | | - | 43.20Minnesota Statutes, section 115D.04, are |
---|
1498 | | - | 43.21available until June 30, 2027. |
---|
1499 | | - | 43.22 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
1500 | | - | 43.23Sec. 12. Laws 2023, chapter 60, article 1, section 3, subdivision 1, is amended to read: |
---|
1501 | | - | 403,116,000$ |
---|
1502 | | - | 43.24 535,868,000 |
---|
1503 | | - | 530,868,000$43.25Subdivision 1.Total Appropriation |
---|
1504 | | - | 43.26 Appropriations by Fund |
---|
1505 | | - | 202543.27 2024 |
---|
1506 | | - | 150,078,000 |
---|
1507 | | - | 43.28 281,054,000 |
---|
1508 | | - | 276,054,00043.29General |
---|
1509 | | - | 123,706,000123,986,00043.30Natural Resources |
---|
1510 | | - | 128,513,000129,920,00043.31Game and Fish |
---|
1511 | | - | 117,000117,00043.32Remediation |
---|
1512 | | - | 702,000791,00043.33Permanent School |
---|
1513 | | - | 43Article 1 Sec. 12. |
---|
1514 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 44.1The amounts that may be spent for each |
---|
1515 | | - | 44.2purpose are specified in the following |
---|
1516 | | - | 44.3subdivisions. |
---|
1517 | | - | 44.4 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1518 | | - | 44.5 Sec. 13. Laws 2023, chapter 60, article 1, section 3, subdivision 6, is amended to read: |
---|
1519 | | - | 96,963,000 |
---|
1520 | | - | 44.6 111,125,000 |
---|
1521 | | - | 106,125,00044.7Subd. 6.Fish and Wildlife Management |
---|
1522 | | - | 44.8 Appropriations by Fund |
---|
1523 | | - | 202544.9 2024 |
---|
1524 | | - | 9,888,000 |
---|
1525 | | - | 44.10 23,643,000 |
---|
1526 | | - | 18,643,00044.11General |
---|
1527 | | - | 2,082,0002,082,00044.12Natural Resources |
---|
1528 | | - | 84,993,00085,400,00044.13Game and Fish |
---|
1529 | | - | 44.14(a) $11,158,000 the first year and $11,158,000 |
---|
1530 | | - | 44.15the second year are from the heritage |
---|
1531 | | - | 44.16enhancement account in the game and fish |
---|
1532 | | - | 44.17fund only for activities specified under |
---|
1533 | | - | 44.18Minnesota Statutes, section 297A.94, |
---|
1534 | | - | 44.19paragraph (h), clause (1). Notwithstanding |
---|
1535 | | - | 44.20Minnesota Statutes, section 297A.94, five |
---|
1536 | | - | 44.21percent of this appropriation may be used for |
---|
1537 | | - | 44.22expanding hunter and angler recruitment and |
---|
1538 | | - | 44.23retention. |
---|
1539 | | - | 44.24(b) $982,000 the first year and $982,000 the |
---|
1540 | | - | 44.25second year are from the general fund and |
---|
1541 | | - | 44.26$1,675,000 the first year and $1,675,000 the |
---|
1542 | | - | 44.27second year are from the game and fish fund |
---|
1543 | | - | 44.28for statewide response and management of |
---|
1544 | | - | 44.29chronic wasting disease. The commissioner |
---|
1545 | | - | 44.30and the Board of Animal Health must each |
---|
1546 | | - | 44.31submit annual reports on chronic wasting |
---|
1547 | | - | 44.32disease activities funded in this biennium to |
---|
1548 | | - | 44.33the chairs and ranking minority members of |
---|
1549 | | - | 44.34the legislative committees and divisions with |
---|
1550 | | - | 44.35jurisdiction over environment and natural |
---|
1551 | | - | 44Article 1 Sec. 13. |
---|
1552 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 45.1resources and agriculture. The general fund |
---|
1553 | | - | 45.2base for this appropriation in fiscal year 2026 |
---|
1554 | | - | 45.3and beyond is $282,000. |
---|
1555 | | - | 45.4(c) $5,150,000 the first year and $3,250,000 |
---|
1556 | | - | 45.5the second year are for inspections, |
---|
1557 | | - | 45.6investigations, and enforcement activities |
---|
1558 | | - | 45.7taken for the white-tailed deer farm program |
---|
1559 | | - | 45.8and for statewide response and management |
---|
1560 | | - | 45.9of chronic wasting disease. This appropriation |
---|
1561 | | - | 45.10is available until June 30, 2029. |
---|
1562 | | - | 45.11(d) $8,546,000 the first year and $8,546,000 |
---|
1563 | | - | 45.12the second year are from the deer management |
---|
1564 | | - | 45.13account for the purposes identified in |
---|
1565 | | - | 45.14Minnesota Statutes, section 97A.075, |
---|
1566 | | - | 45.15subdivision 1. |
---|
1567 | | - | 45.16(e) $268,000 the first year and $268,000 the |
---|
1568 | | - | 45.17second year are for increased capacity for |
---|
1569 | | - | 45.18broadband utility licensing for state lands and |
---|
1570 | | - | 45.19public waters. This is a onetime appropriation |
---|
1571 | | - | 45.20and is available until June 30, 2028. |
---|
1572 | | - | 45.21(f) $10,000,000 $5,000,000 the first year is |
---|
1573 | | - | 45.22for enhancing prairies and grasslands and |
---|
1574 | | - | 45.23restoring wetlands on state-owned wildlife |
---|
1575 | | - | 45.24management areas to sequester more carbon |
---|
1576 | | - | 45.25and enhance climate resiliency. This is a |
---|
1577 | | - | 45.26onetime appropriation and is available until |
---|
1578 | | - | 45.27June 30, 2027. |
---|
1579 | | - | 45.28(g) $500,000 the first year and $500,000 the |
---|
1580 | | - | 45.29second year are from the general fund and |
---|
1581 | | - | 45.30$500,000 the first year and $500,000 the |
---|
1582 | | - | 45.31second year are from the heritage enhancement |
---|
1583 | | - | 45.32account in the game and fish fund for grants |
---|
1584 | | - | 45.33for natural-resource-based education and |
---|
1585 | | - | 45.34recreation programs serving youth under |
---|
1586 | | - | 45Article 1 Sec. 13. |
---|
1587 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 46.1Minnesota Statutes, section 84.976, and for |
---|
1588 | | - | 46.2grant administration. Priority must be given |
---|
1589 | | - | 46.3to projects benefiting underserved |
---|
1590 | | - | 46.4communities. The base for this appropriation |
---|
1591 | | - | 46.5in fiscal year 2026 and beyond is $500,000 |
---|
1592 | | - | 46.6from the heritage enhancement account in the |
---|
1593 | | - | 46.7game and fish fund. The general fund |
---|
1594 | | - | 46.8appropriation is onetime. |
---|
1595 | | - | 46.9(h) $2,300,000 the first year is for a grant to |
---|
1596 | | - | 46.10the Fond du Lac Band of Lake Superior |
---|
1597 | | - | 46.11Chippewa to expand Minnesota's wild elk |
---|
1598 | | - | 46.12population and range. Consideration must be |
---|
1599 | | - | 46.13given to moving elk from existing herds in |
---|
1600 | | - | 46.14northwest Minnesota to the area of the Fond |
---|
1601 | | - | 46.15du Lac State Forest and the Fond du Lac |
---|
1602 | | - | 46.16Reservation in Carlton and southern St. Louis |
---|
1603 | | - | 46.17Counties. The Fond du Lac Band of Lake |
---|
1604 | | - | 46.18Superior Chippewa's elk reintroduction efforts |
---|
1605 | | - | 46.19must undergo thorough planning with the |
---|
1606 | | - | 46.20Department of Natural Resources to develop |
---|
1607 | | - | 46.21necessary capture and handling protocols, |
---|
1608 | | - | 46.22including protocols related to cervid disease |
---|
1609 | | - | 46.23management, and to produce postrelease state |
---|
1610 | | - | 46.24and Tribal elk comanagement plans. Of this |
---|
1611 | | - | 46.25amount, $300,000 is for the department for |
---|
1612 | | - | 46.26the purposes of this paragraph. This is a |
---|
1613 | | - | 46.27onetime appropriation and is available until |
---|
1614 | | - | 46.28June 30, 2026. |
---|
1615 | | - | 46.29(i) $767,000 the first year is from the heritage |
---|
1616 | | - | 46.30enhancement account in the game and fish |
---|
1617 | | - | 46.31fund to examine the effects of neonicotinoid |
---|
1618 | | - | 46.32exposure on the reproduction and survival of |
---|
1619 | | - | 46.33Minnesota's game species, including deer and |
---|
1620 | | - | 46.34prairie chicken. This is a onetime |
---|
1621 | | - | 46Article 1 Sec. 13. |
---|
1622 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 47.1appropriation and is available until June 30, |
---|
1623 | | - | 47.22027. |
---|
1624 | | - | 47.3(j) $134,000 the first year and $134,000 the |
---|
1625 | | - | 47.4second year are from the heritage enhancement |
---|
1626 | | - | 47.5account in the game and fish fund for native |
---|
1627 | | - | 47.6fish conservation and classification. |
---|
1628 | | - | 47.7(k) $82,000 the first year is for the native fish |
---|
1629 | | - | 47.8reports required under this act. This is a |
---|
1630 | | - | 47.9onetime appropriation. |
---|
1631 | | - | 47.10(l) $65,000 the first year is for preparing the |
---|
1632 | | - | 47.11report on feral pigs and mink required under |
---|
1633 | | - | 47.12this act and holding at least one public meeting |
---|
1634 | | - | 47.13on the topic. |
---|
1635 | | - | 47.14(m) Up to $5,750,000 the first year and up to |
---|
1636 | | - | 47.15$2,225,000 the second year are available for |
---|
1637 | | - | 47.16transfer from the critical habitat private sector |
---|
1638 | | - | 47.17matching account to the reinvest in Minnesota |
---|
1639 | | - | 47.18fund for wildlife management areas |
---|
1640 | | - | 47.19acquisition, restoration, and enhancement |
---|
1641 | | - | 47.20according to Minnesota Statutes, section |
---|
1642 | | - | 47.2184.943, subdivision 5b. |
---|
1643 | | - | 47.22(n) Notwithstanding Minnesota Statutes, |
---|
1644 | | - | 47.23section 297A.94, $300,000 the first year and |
---|
1645 | | - | 47.24$300,000 the second year are from the heritage |
---|
1646 | | - | 47.25enhancement account in the game and fish |
---|
1647 | | - | 47.26fund for shooting sports facility grants under |
---|
1648 | | - | 47.27Minnesota Statutes, section 87A.10, including |
---|
1649 | | - | 47.28grants for archery facilities. Grants must be |
---|
1650 | | - | 47.29matched with a nonstate match, which may |
---|
1651 | | - | 47.30include in-kind contributions. This is a |
---|
1652 | | - | 47.31onetime appropriation and is available until |
---|
1653 | | - | 47.32June 30, 2026. This appropriation must be |
---|
1654 | | - | 47.33allocated as follows: |
---|
1655 | | - | 47Article 1 Sec. 13. |
---|
1656 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 48.1(1) $200,000 each fiscal year is for grants of |
---|
1657 | | - | 48.2$25,000 or less; and |
---|
1658 | | - | 48.3(2) $100,000 each fiscal year is for grants in |
---|
1659 | | - | 48.4excess of $25,000. |
---|
1660 | | - | 48.5(o) $75,000 the first year is from the heritage |
---|
1661 | | - | 48.6enhancement account in the game and fish |
---|
1662 | | - | 48.7fund for enhanced fish stocking of white bass |
---|
1663 | | - | 48.8and crappies in lakes in the metropolitan area |
---|
1664 | | - | 48.9that have pier and shore fishing opportunities |
---|
1665 | | - | 48.10where communities are currently underserved. |
---|
1666 | | - | 48.11(p) $1,633,000 the first year is for a grant to |
---|
1667 | | - | 48.12the Board of Regents of the University of |
---|
1668 | | - | 48.13Minnesota for chronic wasting disease |
---|
1669 | | - | 48.14contingency plans developed by the Center |
---|
1670 | | - | 48.15for Infectious Disease Research and Policy. |
---|
1671 | | - | 48.16This is a onetime appropriation. |
---|
1672 | | - | 48.17(q) $900,000 the first year is to create new or |
---|
1673 | | - | 48.18expand existing outreach and education |
---|
1674 | | - | 48.19programs for non-native English-speaking |
---|
1675 | | - | 48.20communities. Of this amount, $250,000 is for |
---|
1676 | | - | 48.21the commissioner of the Pollution Control |
---|
1677 | | - | 48.22Agency and $250,000 is for the Board of |
---|
1678 | | - | 48.23Water and Soil Resources for this purpose. Up |
---|
1679 | | - | 48.24to $400,000 may be used to expand the |
---|
1680 | | - | 48.25Fishing in the Neighborhood program for |
---|
1681 | | - | 48.26outreach to new and underserved audiences. |
---|
1682 | | - | 48.27This appropriation may be used for community |
---|
1683 | | - | 48.28outreach consultants for reaching new |
---|
1684 | | - | 48.29audiences. This is a onetime appropriation and |
---|
1685 | | - | 48.30is available until June 30, 2027. |
---|
1686 | | - | 48.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1687 | | - | 48.32Sec. 14. Laws 2023, chapter 60, article 1, section 4, is amended to read: |
---|
1688 | | - | 58,131,000 |
---|
1689 | | - | 56,131,000$61,943,000$ |
---|
1690 | | - | 48.33Sec. 4. BOARD OF WATER AND SOIL |
---|
1691 | | - | 48.34RESOURCES |
---|
1692 | | - | 48Article 1 Sec. 14. |
---|
1693 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 49.1(a) $3,116,000 the first year and $3,116,000 |
---|
1694 | | - | 49.2the second year are for grants and payments |
---|
1695 | | - | 49.3to soil and water conservation districts for |
---|
1696 | | - | 49.4accomplishing the purposes of Minnesota |
---|
1697 | | - | 49.5Statutes, chapter 103C, and for other general |
---|
1698 | | - | 49.6purposes, nonpoint engineering, and |
---|
1699 | | - | 49.7implementation and stewardship of the |
---|
1700 | | - | 49.8reinvest in Minnesota reserve program. |
---|
1701 | | - | 49.9Expenditures may be made from this |
---|
1702 | | - | 49.10appropriation for supplies and services |
---|
1703 | | - | 49.11benefiting soil and water conservation |
---|
1704 | | - | 49.12districts. Any district receiving a payment |
---|
1705 | | - | 49.13under this paragraph must maintain a website |
---|
1706 | | - | 49.14that publishes, at a minimum, the district's |
---|
1707 | | - | 49.15annual report, annual audit, annual budget, |
---|
1708 | | - | 49.16and meeting notices. |
---|
1709 | | - | 49.17(b) $761,000 the first year and $761,000 the |
---|
1710 | | - | 49.18second year are to implement, enforce, and |
---|
1711 | | - | 49.19provide oversight for the Wetland |
---|
1712 | | - | 49.20Conservation Act, including administering the |
---|
1713 | | - | 49.21wetland banking program and in-lieu fee |
---|
1714 | | - | 49.22mechanism. |
---|
1715 | | - | 49.23(c) $1,560,000 the first year and $1,560,000 |
---|
1716 | | - | 49.24the second year are for the following: |
---|
1717 | | - | 49.25(1) $1,460,000 the first year and $1,460,000 |
---|
1718 | | - | 49.26the second year are for cost-sharing programs |
---|
1719 | | - | 49.27of soil and water conservation districts for |
---|
1720 | | - | 49.28accomplishing projects and practices |
---|
1721 | | - | 49.29consistent with Minnesota Statutes, section |
---|
1722 | | - | 49.30103C.501, including perennially vegetated |
---|
1723 | | - | 49.31riparian buffers, erosion control, water |
---|
1724 | | - | 49.32retention and treatment, water quality |
---|
1725 | | - | 49.33cost-sharing for feedlots under 500 animal |
---|
1726 | | - | 49.34units and nutrient and manure management |
---|
1727 | | - | 49.35projects in watersheds where there are |
---|
1728 | | - | 49Article 1 Sec. 14. |
---|
1729 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 50.1impaired waters, and other high-priority |
---|
1730 | | - | 50.2conservation practices; and |
---|
1731 | | - | 50.3(2) $100,000 the first year and $100,000 the |
---|
1732 | | - | 50.4second year are for county cooperative weed |
---|
1733 | | - | 50.5management programs and to restore native |
---|
1734 | | - | 50.6plants at selected invasive species management |
---|
1735 | | - | 50.7sites. |
---|
1736 | | - | 50.8(d) $166,000 the first year and $166,000 the |
---|
1737 | | - | 50.9second year are to provide technical assistance |
---|
1738 | | - | 50.10to local drainage management officials and |
---|
1739 | | - | 50.11for the costs of the Drainage Work Group. The |
---|
1740 | | - | 50.12board must coordinate the activities of the |
---|
1741 | | - | 50.13Drainage Work Group according to Minnesota |
---|
1742 | | - | 50.14Statutes, section 103B.101, subdivision 13. |
---|
1743 | | - | 50.15The Drainage Work Group must review a |
---|
1744 | | - | 50.16drainage authority's power under Minnesota |
---|
1745 | | - | 50.17Statutes, chapter 103E, to consider the |
---|
1746 | | - | 50.18abandonment or dismantling of drainage |
---|
1747 | | - | 50.19systems; to re-meander, restore, or reconstruct |
---|
1748 | | - | 50.20a natural waterway that has been modified by |
---|
1749 | | - | 50.21drainage; or to deconstruct dikes, dams, or |
---|
1750 | | - | 50.22other water-control structures. |
---|
1751 | | - | 50.23(e) $100,000 the first year and $100,000 the |
---|
1752 | | - | 50.24second year are for a grant to the Red River |
---|
1753 | | - | 50.25Basin Commission for water quality and |
---|
1754 | | - | 50.26floodplain management, including program |
---|
1755 | | - | 50.27administration. This appropriation must be |
---|
1756 | | - | 50.28matched by nonstate funds. |
---|
1757 | | - | 50.29(f) $190,000 the first year and $190,000 the |
---|
1758 | | - | 50.30second year are for grants to Area II |
---|
1759 | | - | 50.31Minnesota River Basin Projects for floodplain |
---|
1760 | | - | 50.32management. The base for fiscal year 2026 |
---|
1761 | | - | 50.33and later is $140,000. |
---|
1762 | | - | 50Article 1 Sec. 14. |
---|
1763 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 51.1(g) $125,000 the first year and $125,000 the |
---|
1764 | | - | 51.2second year are for conservation easement |
---|
1765 | | - | 51.3stewardship. |
---|
1766 | | - | 51.4(h) $240,000 the first year and $240,000 the |
---|
1767 | | - | 51.5second year are for a grant to the Lower |
---|
1768 | | - | 51.6Minnesota River Watershed District to defray |
---|
1769 | | - | 51.7the annual cost of operating and maintaining |
---|
1770 | | - | 51.8sites for dredge spoil to sustain the state, |
---|
1771 | | - | 51.9national, and international commercial and |
---|
1772 | | - | 51.10recreational navigation on the lower Minnesota |
---|
1773 | | - | 51.11River. |
---|
1774 | | - | 51.12(i) $2,000,000 the first year and $2,000,000 |
---|
1775 | | - | 51.13the second year are for the lawns to legumes |
---|
1776 | | - | 51.14program under Minnesota Statutes, section |
---|
1777 | | - | 51.15103B.104. The board may enter into |
---|
1778 | | - | 51.16agreements with local governments, Metro |
---|
1779 | | - | 51.17Blooms, and other organizations to support |
---|
1780 | | - | 51.18this effort. This is a onetime appropriation and |
---|
1781 | | - | 51.19is available until June 30, 2027. |
---|
1782 | | - | 51.20(j) $2,000,000 the first year and $2,000,000 |
---|
1783 | | - | 51.21the second year are for the habitat |
---|
1784 | | - | 51.22enhancement landscape program under |
---|
1785 | | - | 51.23Minnesota Statutes, section 103B.106. This is |
---|
1786 | | - | 51.24a onetime appropriation and is available until |
---|
1787 | | - | 51.25June 30, 2027. |
---|
1788 | | - | 51.26(k) $10,557,000 the first year and $10,557,000 |
---|
1789 | | - | 51.27the second year are for soil health activities to |
---|
1790 | | - | 51.28achieve water quality, soil productivity, |
---|
1791 | | - | 51.29climate change resiliency, or carbon |
---|
1792 | | - | 51.30sequestration benefits consistent with |
---|
1793 | | - | 51.31Minnesota Statutes, section 103F.06. This is |
---|
1794 | | - | 51.32a onetime appropriation and is available until |
---|
1795 | | - | 51.33June 30, 2027. The board may use grants to |
---|
1796 | | - | 51.34local governments, including soil and water |
---|
1797 | | - | 51.35conservation districts, and agreements with |
---|
1798 | | - | 51Article 1 Sec. 14. |
---|
1799 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 52.1the United States Department of Agriculture; |
---|
1800 | | - | 52.2the University of Minnesota, Office for Soil |
---|
1801 | | - | 52.3Health; AgCentric, Minnesota State Northern |
---|
1802 | | - | 52.4Center of Excellence; and other practitioners |
---|
1803 | | - | 52.5and partners to accomplish this work. |
---|
1804 | | - | 52.6(l) $203,000 the first year and $203,000 the |
---|
1805 | | - | 52.7second year are for soil health practice |
---|
1806 | | - | 52.8adoption purposes consistent with the |
---|
1807 | | - | 52.9cost-sharing provisions of Minnesota Statutes, |
---|
1808 | | - | 52.10section 103C.501, and for soil health program |
---|
1809 | | - | 52.11responsibilities in consultation with the |
---|
1810 | | - | 52.12University of Minnesota Office for Soil |
---|
1811 | | - | 52.13Health. |
---|
1812 | | - | 52.14(m) $10,500,000 the first year and |
---|
1813 | | - | 52.15$10,500,000 $8,500,000 the second year are |
---|
1814 | | - | 52.16for conservation easements and to restore and |
---|
1815 | | - | 52.17enhance grasslands and adjacent lands |
---|
1816 | | - | 52.18consistent with Minnesota Statutes, sections |
---|
1817 | | - | 52.19103F.501 to 103F.531, for the purposes of |
---|
1818 | | - | 52.20climate resiliency, adaptation, carbon |
---|
1819 | | - | 52.21sequestration, and related benefits. Of this |
---|
1820 | | - | 52.22amount, up to $423,000 is for deposit in the |
---|
1821 | | - | 52.23water and soil conservation easement |
---|
1822 | | - | 52.24stewardship account established under |
---|
1823 | | - | 52.25Minnesota Statutes, section 103B.103. This is |
---|
1824 | | - | 52.26a onetime appropriation and is available until |
---|
1825 | | - | 52.27June 30, 2029. The board must give priority |
---|
1826 | | - | 52.28to leveraging nonstate funding, including |
---|
1827 | | - | 52.29practices, programs, and projects funded by |
---|
1828 | | - | 52.30the U.S. Department of Agriculture via the |
---|
1829 | | - | 52.31Conservation Reserve Enhancement Program, |
---|
1830 | | - | 52.32the Conservation Reserve Program, the |
---|
1831 | | - | 52.33Federal Inflation Reduction Act, the Federal |
---|
1832 | | - | 52.34Farm Bill, or the Climate-Smart Commodities |
---|
1833 | | - | 52.35Program. |
---|
1834 | | - | 52Article 1 Sec. 14. |
---|
1835 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 53.1(n) $4,000,000 the first year and $5,000,000 |
---|
1836 | | - | 53.2the second year are to acquire conservation |
---|
1837 | | - | 53.3easements and to restore and enhance |
---|
1838 | | - | 53.4peatlands and adjacent lands consistent with |
---|
1839 | | - | 53.5Minnesota Statutes, sections 103F.501 to |
---|
1840 | | - | 53.6103F.531, for the purposes of climate |
---|
1841 | | - | 53.7resiliency, adaptation, carbon sequestration, |
---|
1842 | | - | 53.8and related benefits. Of this amount, up to |
---|
1843 | | - | 53.9$299,000 is for deposit in the water and soil |
---|
1844 | | - | 53.10conservation easement stewardship account |
---|
1845 | | - | 53.11established under Minnesota Statutes, section |
---|
1846 | | - | 53.12103B.103. This is a onetime appropriation and |
---|
1847 | | - | 53.13is available until June 30, 2029. The board |
---|
1848 | | - | 53.14must give priority to leveraging nonstate |
---|
1849 | | - | 53.15funding, including practices, programs, and |
---|
1850 | | - | 53.16projects funded by the U.S. Department of |
---|
1851 | | - | 53.17Agriculture via the Conservation Reserve |
---|
1852 | | - | 53.18Enhancement Program, the Conservation |
---|
1853 | | - | 53.19Reserve Program, the Federal Inflation |
---|
1854 | | - | 53.20Reduction Act, the Federal Farm Bill, or the |
---|
1855 | | - | 53.21Climate-Smart Commodities Program. |
---|
1856 | | - | 53.22(o) $2,000,000 the first year and $2,000,000 |
---|
1857 | | - | 53.23the second year are to enhance existing |
---|
1858 | | - | 53.24easements established under Minnesota |
---|
1859 | | - | 53.25Statutes, sections 103F.501 to 103F.531. |
---|
1860 | | - | 53.26Enhancements are for the purposes of climate |
---|
1861 | | - | 53.27resiliency, adaptation, and carbon |
---|
1862 | | - | 53.28sequestration and include but are not limited |
---|
1863 | | - | 53.29to increasing biodiversity and mitigating the |
---|
1864 | | - | 53.30effects of rainfall and runoff events. This is a |
---|
1865 | | - | 53.31onetime appropriation and is available until |
---|
1866 | | - | 53.32June 30, 2029. The board must give priority |
---|
1867 | | - | 53.33to leveraging nonstate funding, including |
---|
1868 | | - | 53.34practices, programs, and projects funded by |
---|
1869 | | - | 53.35the U.S. Department of Agriculture via the |
---|
1870 | | - | 53.36Conservation Reserve Enhancement Program, |
---|
1871 | | - | 53Article 1 Sec. 14. |
---|
1872 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 54.1the Conservation Reserve Program, the |
---|
1873 | | - | 54.2Federal Inflation Reduction Act, the Federal |
---|
1874 | | - | 54.3Farm Bill, or the Climate-Smart Commodities |
---|
1875 | | - | 54.4Program. |
---|
1876 | | - | 54.5(p) $8,500,000 the first year and $8,500,000 |
---|
1877 | | - | 54.6the second year are for water quality and |
---|
1878 | | - | 54.7storage practices and projects to protect |
---|
1879 | | - | 54.8infrastructure, improve water quality and |
---|
1880 | | - | 54.9related public benefits, and mitigate climate |
---|
1881 | | - | 54.10change impacts consistent with Minnesota |
---|
1882 | | - | 54.11Statutes, section 103F.05. This is a onetime |
---|
1883 | | - | 54.12appropriation and is available until June 30, |
---|
1884 | | - | 54.132029. The board must give priority to |
---|
1885 | | - | 54.14leveraging nonstate funding, including |
---|
1886 | | - | 54.15practices, programs, and projects funded by |
---|
1887 | | - | 54.16the U.S. Department of Agriculture via the |
---|
1888 | | - | 54.17Conservation Reserve Enhancement Program, |
---|
1889 | | - | 54.18the Conservation Reserve Program, the |
---|
1890 | | - | 54.19Federal Inflation Reduction Act, the Federal |
---|
1891 | | - | 54.20Farm Bill, or the Climate-Smart Commodities |
---|
1892 | | - | 54.21Program. |
---|
1893 | | - | 54.22(q) $4,673,000 the first year and $4,673,000 |
---|
1894 | | - | 54.23the second year are for natural resources block |
---|
1895 | | - | 54.24grants to local governments to implement the |
---|
1896 | | - | 54.25Wetland Conservation Act and shoreland |
---|
1897 | | - | 54.26management program under Minnesota |
---|
1898 | | - | 54.27Statutes, chapter 103F, and local water |
---|
1899 | | - | 54.28management responsibilities under Minnesota |
---|
1900 | | - | 54.29Statutes, chapter 103B. The board may reduce |
---|
1901 | | - | 54.30the amount of the natural resources block grant |
---|
1902 | | - | 54.31to a county by an amount equal to any |
---|
1903 | | - | 54.32reduction in the county's general services |
---|
1904 | | - | 54.33allocation to a soil and water conservation |
---|
1905 | | - | 54.34district from the county's previous year |
---|
1906 | | - | 54.35allocation when the board determines that the |
---|
1907 | | - | 54Article 1 Sec. 14. |
---|
1908 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 55.1reduction was disproportionate. The base for |
---|
1909 | | - | 55.2this appropriation in fiscal year 2026 and |
---|
1910 | | - | 55.3beyond is $3,423,000. |
---|
1911 | | - | 55.4(r) $129,000 the first year and $136,000 the |
---|
1912 | | - | 55.5second year are to accomplish the objectives |
---|
1913 | | - | 55.6of Minnesota Statutes, section 10.65, and |
---|
1914 | | - | 55.7related Tribal government coordination. The |
---|
1915 | | - | 55.8base for fiscal year 2026 and each year |
---|
1916 | | - | 55.9thereafter is $144,000. |
---|
1917 | | - | 55.10(s) $3,000,000 the first year is to provide |
---|
1918 | | - | 55.11onetime state incentive payments to enrollees |
---|
1919 | | - | 55.12in the federal Conservation Reserve Program |
---|
1920 | | - | 55.13(CRP) during the continuous enrollment |
---|
1921 | | - | 55.14period and to enroll complementary areas in |
---|
1922 | | - | 55.15conservation easements consistent with |
---|
1923 | | - | 55.16Minnesota Statutes, section 103F.515. The |
---|
1924 | | - | 55.17board may establish payment rates based on |
---|
1925 | | - | 55.18land valuation and on environmental benefit |
---|
1926 | | - | 55.19criteria, including but not limited to surface |
---|
1927 | | - | 55.20water or groundwater pollution reduction, |
---|
1928 | | - | 55.21drinking water protection, soil health, |
---|
1929 | | - | 55.22pollinator and wildlife habitat, and other |
---|
1930 | | - | 55.23conservation enhancements. The board may |
---|
1931 | | - | 55.24use state funds to implement the program and |
---|
1932 | | - | 55.25to provide technical assistance to landowners |
---|
1933 | | - | 55.26or their agents to fulfill enrollment and |
---|
1934 | | - | 55.27contract provisions. The board must consult |
---|
1935 | | - | 55.28with the commissioners of agriculture, health, |
---|
1936 | | - | 55.29natural resources, and the Pollution Control |
---|
1937 | | - | 55.30Agency and the United States Department of |
---|
1938 | | - | 55.31Agriculture in establishing program criteria. |
---|
1939 | | - | 55.32This is a onetime appropriation and is |
---|
1940 | | - | 55.33available until June 30, 2027. |
---|
1941 | | - | 55.34(t) $2,000,000 the first year is to acquire |
---|
1942 | | - | 55.35conservation easements from landowners to |
---|
1943 | | - | 55Article 1 Sec. 14. |
---|
1944 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 56.1preserve, restore, create, and enhance wetlands |
---|
1945 | | - | 56.2and associated uplands of prairie and |
---|
1946 | | - | 56.3grasslands and to restore and enhance rivers |
---|
1947 | | - | 56.4and streams, riparian lands, and associated |
---|
1948 | | - | 56.5uplands of prairie and grasslands, in order to |
---|
1949 | | - | 56.6protect soil and water quality, support fish and |
---|
1950 | | - | 56.7wildlife habitat, reduce flood damage, and |
---|
1951 | | - | 56.8provide other public benefits. Minnesota |
---|
1952 | | - | 56.9Statutes, section 103F.515, applies to this |
---|
1953 | | - | 56.10program. The board must give priority to |
---|
1954 | | - | 56.11leveraging federal money by enrolling targeted |
---|
1955 | | - | 56.12new lands or enrolling environmentally |
---|
1956 | | - | 56.13sensitive lands that have expiring federal |
---|
1957 | | - | 56.14conservation agreements. The board is |
---|
1958 | | - | 56.15authorized to enter into new agreements and |
---|
1959 | | - | 56.16amend past agreements with landowners as |
---|
1960 | | - | 56.17required by Minnesota Statutes, section |
---|
1961 | | - | 56.18103F.515, subdivision 5, to allow for |
---|
1962 | | - | 56.19restoration. Up to five percent of this |
---|
1963 | | - | 56.20appropriation may be used for restoration and |
---|
1964 | | - | 56.21enhancement. |
---|
1965 | | - | 56.22(u) $5,623,000 the first year and $5,804,000 |
---|
1966 | | - | 56.23the second year are for agency administration |
---|
1967 | | - | 56.24and operation of the Board of Water and Soil |
---|
1968 | | - | 56.25Resources. |
---|
1969 | | - | 56.26(v) $500,000 the first year and $500,000 the |
---|
1970 | | - | 56.27second year are for the habitat-friendly utilities |
---|
1971 | | - | 56.28program under Minnesota Statutes, section |
---|
1972 | | - | 56.29103B.105. This is a onetime appropriation and |
---|
1973 | | - | 56.30is available until June 30, 2027. |
---|
1974 | | - | 56.31(w) The board may shift money in this section |
---|
1975 | | - | 56.32and may adjust the technical and |
---|
1976 | | - | 56.33administrative assistance portion of the funds |
---|
1977 | | - | 56.34to leverage federal or other nonstate funds or |
---|
1978 | | - | 56.35to address accountability, oversight, local |
---|
1979 | | - | 56Article 1 Sec. 14. |
---|
1980 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 57.1government performance, or high-priority |
---|
1981 | | - | 57.2needs. |
---|
1982 | | - | 57.3(x) Returned grants and payments are available |
---|
1983 | | - | 57.4for two years after they are returned or |
---|
1984 | | - | 57.5regranted, whichever is later. Funds must be |
---|
1985 | | - | 57.6regranted consistent with the purposes of this |
---|
1986 | | - | 57.7section. If an appropriation for grants in either |
---|
1987 | | - | 57.8year is insufficient, the appropriation in the |
---|
1988 | | - | 57.9other year is available for it. |
---|
1989 | | - | 57.10(y) Notwithstanding Minnesota Statutes, |
---|
1990 | | - | 57.11section 16B.97, grants awarded from |
---|
1991 | | - | 57.12appropriations in this section are exempt from |
---|
1992 | | - | 57.13the Department of Administration, Office of |
---|
1993 | | - | 57.14Grants Management Policy 08-08 Grant |
---|
1994 | | - | 57.15Payments and 08-10 Grant Monitoring. |
---|
1995 | | - | 57.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
1996 | | - | 57.17 ARTICLE 2 |
---|
1997 | | - | 57.18 ENVIRONMENT AND NATURAL RESOURCES POLICY |
---|
1998 | | - | 57.19Section 1. Minnesota Statutes 2024, section 115B.421, subdivision 1, is amended to read: |
---|
1999 | | - | 57.20 Subdivision 1.Establishment.(a) The closed landfill investment fund is established in |
---|
2000 | | - | 57.21the state treasury. The fund consists of money credited to the fund and interest and other |
---|
2001 | | - | 57.22earnings on money in the fund. Funds must be deposited as described in section 115B.445. |
---|
2002 | | - | 57.23The fund must be managed to maximize long-term gain through the State Board of |
---|
2003 | | - | 57.24Investment. |
---|
2004 | | - | 57.25 (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment |
---|
2005 | | - | 57.26fund to the commissioner for the purposes of sections 115B.39 to 115B.444. |
---|
2006 | | - | 57.27 (c) If the commissioner determines that a release or threatened release from a qualified |
---|
2007 | | - | 57.28facility for which the commissioner has assumed obligations for environmental response |
---|
2008 | | - | 57.29actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate |
---|
2009 | | - | 57.30action to prevent, minimize, or mitigate damage either to the public health or welfare or the |
---|
2010 | | - | 57.31environment or to a system designed to protect the public health or welfare or the |
---|
2011 | | - | 57.32environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) |
---|
2012 | | - | 57.33is appropriated to the commissioner in the first year of the biennium and may be spent by |
---|
2013 | | - | 57Article 2 Section 1. |
---|
2014 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT 58.1the commissioner to take reasonable and necessary emergency response actions. Money |
---|
2015 | | - | 58.2not spent in the first year of the biennium may be spent in the second year. If money is |
---|
2016 | | - | 58.3appropriated under this paragraph, the commissioner must notify the chairs of the senate |
---|
2017 | | - | 58.4and house of representatives committees having jurisdiction over environment policy and |
---|
2018 | | - | 58.5finance as soon as possible. The commissioner must maintain the fund balance to ensure |
---|
2019 | | - | 58.6long-term viability of the fund and reflect the responsibility of the landfill cleanup program |
---|
2020 | | - | 58.7in perpetuity. |
---|
2021 | | - | 58.8 (d) Paragraphs (b) and (c) expire June 30, 2025 2029. |
---|
2022 | | - | 58Article 2 Section 1. |
---|
2023 | | - | REVISOR CKM H2439-1HF2439 FIRST ENGROSSMENT Page.Ln 1.8APPROPRIATIONS...............................................................................ARTICLE 1 |
---|
2024 | | - | Page.Ln 57.17ENVIRONMENT AND NATURAL RESOURCES POLICY..............ARTICLE 2 |
---|
| 1126 | + | 32.28Sec. 6. CONSERVATION CORPS |
---|
| 1127 | + | 32.29MINNESOTA AND IOWA |
---|
| 1128 | + | 32.30 Appropriations by Fund |
---|
| 1129 | + | 202732.31 2026 |
---|
| 1130 | + | 580,000580,00032.32General |
---|
| 1131 | + | 490,000490,00032.33Natural Resources |
---|
| 1132 | + | 32Article 1 Sec. 6. |
---|
| 1133 | + | REVISOR CKM/KR 25-0250602/10/25 33.1Conservation Corps Minnesota and Iowa may |
---|
| 1134 | + | 33.2receive money appropriated from the natural |
---|
| 1135 | + | 33.3resources fund under this section only as |
---|
| 1136 | + | 33.4provided in an agreement with the |
---|
| 1137 | + | 33.5commissioner of natural resources. |
---|
| 1138 | + | 14,532,000$14,180,000$33.6Sec. 7. ZOOLOGICAL BOARD |
---|
| 1139 | + | 33.7 Appropriations by Fund |
---|
| 1140 | + | 202733.8 2026 |
---|
| 1141 | + | 14,277,00013,925,00033.9General |
---|
| 1142 | + | 255,000255,00033.10Natural Resources |
---|
| 1143 | + | 33.11$255,000 the first year and $255,000 the |
---|
| 1144 | + | 33.12second year are from the natural resources |
---|
| 1145 | + | 33.13fund from revenue deposited under Minnesota |
---|
| 1146 | + | 33.14Statutes, section 297A.94, paragraph (h), |
---|
| 1147 | + | 33.15clause (5). |
---|
| 1148 | + | 1,260,000$1,260,000$33.16Sec. 8. SCIENCE MUSEUM |
---|
| 1149 | + | 33.17Sec. 9. CANCELLATION. |
---|
| 1150 | + | 33.18 Up to $3,915,000 of the unencumbered balance of the general fund appropriation from |
---|
| 1151 | + | 33.19Laws 2022, chapter 95, article 3, section 6, paragraph (b), cancels no later than June 30, |
---|
| 1152 | + | 33.202026. |
---|
| 1153 | + | 33.21 ARTICLE 2 |
---|
| 1154 | + | 33.22 ENVIRONMENT AND NATURAL RESOURCES POLICY |
---|
| 1155 | + | 33.23Section 1. Minnesota Statutes 2024, section 85.055, subdivision 1, is amended to read: |
---|
| 1156 | + | 33.24 Subdivision 1.Fees.(a) The fee for state park permits for: |
---|
| 1157 | + | 33.25 (1) an annual use of state parks is $35 $45; |
---|
| 1158 | + | 33.26 (2) a second or subsequent vehicle state park permit is $26 $35; |
---|
| 1159 | + | 33.27 (3) a state park permit valid for one day is $7 $10; |
---|
| 1160 | + | 33.28 (4) a daily vehicle state park permit for groups is $5 $8; |
---|
| 1161 | + | 33.29 (5) an annual permit for motorcycles is $30 $40; |
---|
| 1162 | + | 33.30 (6) an employee's state park permit is without charge; and |
---|
| 1163 | + | 33Article 2 Section 1. |
---|
| 1164 | + | REVISOR CKM/KR 25-0250602/10/25 34.1 (7) a state park permit for persons with disabilities under section 85.053, subdivision 7, |
---|
| 1165 | + | 34.2paragraph (a), clauses (1) to (3), is $12 $20. |
---|
| 1166 | + | 34.3 (b) The fees specified in this subdivision include any sales tax required by state law. |
---|
| 1167 | + | 34.4 Sec. 2. Minnesota Statutes 2024, section 86B.415, subdivision 7, is amended to read: |
---|
| 1168 | + | 34.5 Subd. 7.Watercraft surcharge.A $10.60 surcharge is placed on each watercraft licensed |
---|
| 1169 | + | 34.6under subdivisions 1 to 5 for control, public awareness, law enforcement, monitoring, and |
---|
| 1170 | + | 34.7research of aquatic invasive species such as zebra mussel, purple loosestrife, and Eurasian |
---|
| 1171 | + | 34.8watermilfoil in public waters and public wetlands. The surcharge is: |
---|
| 1172 | + | 34.9 (1) for a watercraft 19 feet or less in length, other than a watercraft listed in clauses (2) |
---|
| 1173 | + | 34.10to (8), $29; |
---|
| 1174 | + | 34.11 (2) for a watercraft, other than personal watercraft, 19 feet in length or less that is offered |
---|
| 1175 | + | 34.12for rent or lease, $25; |
---|
| 1176 | + | 34.13 (3) for a sailboat 19 feet in length or less, $20; |
---|
| 1177 | + | 34.14 (4) for a watercraft used by a nonprofit corporation for teaching boat and water safety, |
---|
| 1178 | + | 34.15$14; |
---|
| 1179 | + | 34.16 (5) for a watercraft owned by a dealer under a dealer's license, $50; |
---|
| 1180 | + | 34.17 (6) for a personal watercraft, including one offered for rent or lease, $25; |
---|
| 1181 | + | 34.18 (7) for a watercraft less than 17 feet in length, other than a watercraft listed in clauses |
---|
| 1182 | + | 34.19(2) to (6), $25; |
---|
| 1183 | + | 34.20 (8) for a canoe, kayak, sailboard, paddleboard, paddleboat, or rowing shell over ten feet |
---|
| 1184 | + | 34.21in length, $20; |
---|
| 1185 | + | 34.22 (9) for a watercraft more than 19 feet but less than 26 feet in length, other than a |
---|
| 1186 | + | 34.23watercraft listed in clauses (4), (5), (8), and (12), $38; |
---|
| 1187 | + | 34.24 (10) for a watercraft 26 feet but less than 40 feet in length, other than a watercraft listed |
---|
| 1188 | + | 34.25in clauses (4), (5), (8), and (12), $50; |
---|
| 1189 | + | 34.26 (11) for a watercraft 40 feet in length or longer, other than a watercraft listed in clauses |
---|
| 1190 | + | 34.27(4), (5), (8), and (12), $62; and |
---|
| 1191 | + | 34.28 (12) for a watercraft used primarily for charter fishing, commercial fishing, commercial |
---|
| 1192 | + | 34.29passenger carrying, or other commercial operation, $50. |
---|
| 1193 | + | 34.30 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1194 | + | 34Article 2 Sec. 2. |
---|
| 1195 | + | REVISOR CKM/KR 25-0250602/10/25 35.1 Sec. 3. Minnesota Statutes 2024, section 103G.271, subdivision 6, is amended to read: |
---|
| 1196 | + | 35.2 Subd. 6.Water-use permit; processing fee.(a) Except as described in paragraphs (b) |
---|
| 1197 | + | 35.3to (g), a water-use permit processing fee must be prescribed by the commissioner in |
---|
| 1198 | + | 35.4accordance with the schedule of fees in this subdivision for each water-use permit in force |
---|
| 1199 | + | 35.5at any time during the year. Fees collected under this paragraph are credited to the water |
---|
| 1200 | + | 35.6management account in the natural resources fund. The schedule is as follows, with the |
---|
| 1201 | + | 35.7stated fee in each clause applied to the total amount appropriated: |
---|
| 1202 | + | 35.8 (1) $140 $200 for amounts not exceeding 50,000,000 gallons per year; |
---|
| 1203 | + | 35.9 (2) $3.50 $6 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less |
---|
| 1204 | + | 35.10than 100,000,000 gallons per year; |
---|
| 1205 | + | 35.11 (3) $4 $7 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less |
---|
| 1206 | + | 35.12than 150,000,000 gallons per year; |
---|
| 1207 | + | 35.13 (4) $4.50 $8 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but |
---|
| 1208 | + | 35.14less than 200,000,000 gallons per year; |
---|
| 1209 | + | 35.15 (5) $5 $9 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less |
---|
| 1210 | + | 35.16than 250,000,000 gallons per year; |
---|
| 1211 | + | 35.17 (6) $5.50 $10 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but |
---|
| 1212 | + | 35.18less than 300,000,000 gallons per year; |
---|
| 1213 | + | 35.19 (7) $6 $11 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less |
---|
| 1214 | + | 35.20than 350,000,000 gallons per year; |
---|
| 1215 | + | 35.21 (8) $6.50 $12 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but |
---|
| 1216 | + | 35.22less than 400,000,000 gallons per year; |
---|
| 1217 | + | 35.23 (9) $7 $13 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less |
---|
| 1218 | + | 35.24than 450,000,000 gallons per year; |
---|
| 1219 | + | 35.25 (10) $7.50 $14 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but |
---|
| 1220 | + | 35.26less than 500,000,000 gallons per year; and |
---|
| 1221 | + | 35.27 (11) $8 $15 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per |
---|
| 1222 | + | 35.28year. |
---|
| 1223 | + | 35.29 (b) For once-through cooling systems, a water-use processing fee must be prescribed |
---|
| 1224 | + | 35.30by the commissioner in accordance with the following schedule of fees for each water-use |
---|
| 1225 | + | 35.31permit in force at any time during the year: |
---|
| 1226 | + | 35Article 2 Sec. 3. |
---|
| 1227 | + | REVISOR CKM/KR 25-0250602/10/25 36.1 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and |
---|
| 1228 | + | 36.2 (2) for all other users, $420 per 1,000,000 gallons. |
---|
| 1229 | + | 36.3 (c) The fee is payable based on the amount of water appropriated during the year and, |
---|
| 1230 | + | 36.4except as provided in paragraph (f), the minimum fee is $100. |
---|
| 1231 | + | 36.5 (d) For water-use processing fees other than once-through cooling systems: |
---|
| 1232 | + | 36.6 (1) the fee for a city of the first class may not exceed $250,000 $325,000 per year; |
---|
| 1233 | + | 36.7 (2) the fee for other entities for any permitted use may not exceed: |
---|
| 1234 | + | 36.8 (i) $60,000 $75,000 per year for an entity holding three or fewer permits; |
---|
| 1235 | + | 36.9 (ii) $90,000 $125,000 per year for an entity holding four or five permits; or |
---|
| 1236 | + | 36.10 (iii) $300,000 $400,000 per year for an entity holding more than five permits; |
---|
| 1237 | + | 36.11 (3) the fee for agricultural irrigation may not exceed $750 $1,500 per year; |
---|
| 1238 | + | 36.12 (4) the fee for a municipality that furnishes electric service and cogenerates steam for |
---|
| 1239 | + | 36.13home heating may not exceed $10,000 for its permit for water use related to the cogeneration |
---|
| 1240 | + | 36.14of electricity and steam; |
---|
| 1241 | + | 36.15 (5) the fee for a facility that temporarily diverts a water of the state from its natural |
---|
| 1242 | + | 36.16channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per |
---|
| 1243 | + | 36.17year. A permit for such a facility does not count toward the number of permits held by an |
---|
| 1244 | + | 36.18entity as described in this paragraph; and |
---|
| 1245 | + | 36.19 (6) no fee is required for a project involving the appropriation of surface water to prevent |
---|
| 1246 | + | 36.20flood damage or to remove floodwaters during a period of flooding, as determined by the |
---|
| 1247 | + | 36.21commissioner. |
---|
| 1248 | + | 36.22 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten |
---|
| 1249 | + | 36.23percent per month calculated from the original due date must be imposed on the unpaid |
---|
| 1250 | + | 36.24balance of fees remaining 30 days after the sending of a second notice of fees due. A fee |
---|
| 1251 | + | 36.25may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal |
---|
| 1252 | + | 36.26governmental agency holding a water appropriation permit. |
---|
| 1253 | + | 36.27 (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural |
---|
| 1254 | + | 36.28land is $20 $100 for years in which: |
---|
| 1255 | + | 36.29 (1) there is no appropriation of water under the permit; or |
---|
| 1256 | + | 36.30 (2) the permit is suspended for more than seven consecutive days between May 1 and |
---|
| 1257 | + | 36.31October 1. |
---|
| 1258 | + | 36Article 2 Sec. 3. |
---|
| 1259 | + | REVISOR CKM/KR 25-0250602/10/25 37.1 (g) The commissioner shall waive the water-use permit fee for installations and projects |
---|
| 1260 | + | 37.2that use stormwater runoff or where public entities are diverting water to treat a water quality |
---|
| 1261 | + | 37.3issue and returning the water to its source without using the water for any other purpose, |
---|
| 1262 | + | 37.4unless the commissioner determines that the proposed use adversely affects surface water |
---|
| 1263 | + | 37.5or groundwater. |
---|
| 1264 | + | 37.6 (h) A surcharge of $50 per million gallons in addition to the fee prescribed in paragraph |
---|
| 1265 | + | 37.7(a) shall be is applied to the volume of water used in each of the months of May, June, July, |
---|
| 1266 | + | 37.8August, and September that exceeds the volume of water used in January for municipal |
---|
| 1267 | + | 37.9water use, irrigation of golf courses, and landscape irrigation. The surcharge for |
---|
| 1268 | + | 37.10municipalities with more than one permit shall be is determined based on the total |
---|
| 1269 | + | 37.11appropriations from all permits that supply a common distribution system. |
---|
| 1270 | + | 37.12 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1271 | + | 37.13Sec. 4. Minnesota Statutes 2024, section 103G.301, subdivision 2, is amended to read: |
---|
| 1272 | + | 37.14 Subd. 2.Permit application and notification fees.(a) A fee to defray the costs of |
---|
| 1273 | + | 37.15receiving, recording, and processing must be paid for a permit application authorized under |
---|
| 1274 | + | 37.16this chapter, except for a general permit application, for each request to amend or transfer |
---|
| 1275 | + | 37.17an existing permit, and for a notification to request authorization to conduct a project under |
---|
| 1276 | + | 37.18a general permit. Fees established under this subdivision, unless specified in paragraph (c), |
---|
| 1277 | + | 37.19must comply with section 16A.1285. |
---|
| 1278 | + | 37.20 (b) Proposed projects that require water in excess of 100 million gallons per year must |
---|
| 1279 | + | 37.21be assessed fees to recover the costs incurred to evaluate the project and the costs incurred |
---|
| 1280 | + | 37.22for environmental review. Fees collected under this paragraph must be credited to an account |
---|
| 1281 | + | 37.23in the natural resources fund and are appropriated to the commissioner. |
---|
| 1282 | + | 37.24 (c) The fee to apply for a permit to appropriate water, in addition to any fee under |
---|
| 1283 | + | 37.25paragraph (b), is $150 $600. The application fee for a permit to construct or repair a dam |
---|
| 1284 | + | 37.26that is subject to a dam safety inspection, to work in public waters, or to divert waters for |
---|
| 1285 | + | 37.27mining must be at least $1,200, but not more than $12,000. The fee for a notification to |
---|
| 1286 | + | 37.28request authorization to conduct a project under a general permit is $400, except that the |
---|
| 1287 | + | 37.29fee for a notification to request authorization to appropriate water under a general permit |
---|
| 1288 | + | 37.30is $100. |
---|
| 1289 | + | 37.31 EFFECTIVE DATE.This section is effective January 1, 2026. |
---|
| 1290 | + | 37Article 2 Sec. 4. |
---|
| 1291 | + | REVISOR CKM/KR 25-0250602/10/25 38.1 Sec. 5. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1292 | + | 38.2read: |
---|
| 1293 | + | 38.3 Subd. 2a.Commissioner."Commissioner" means the commissioner of the Pollution |
---|
| 1294 | + | 38.4Control Agency. |
---|
| 1295 | + | 38.5 Sec. 6. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1296 | + | 38.6read: |
---|
| 1297 | + | 38.7 Subd. 15a.Release."Release" has the meaning given in section 115B.02, subdivision |
---|
| 1298 | + | 38.815. |
---|
| 1299 | + | 38.9 Sec. 7. Minnesota Statutes 2024, section 115.01, is amended by adding a subdivision to |
---|
| 1300 | + | 38.10read: |
---|
| 1301 | + | 38.11 Subd. 15b.Respond or response."Respond" or "response" means to remedy or a |
---|
| 1302 | + | 38.12remedial action as defined under section 115B.02, subdivision 16, or to remove or a removal |
---|
| 1303 | + | 38.13as defined under section 115B.02, subdivision 17. |
---|
| 1304 | + | 38.14Sec. 8. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read: |
---|
| 1305 | + | 38.15 Subdivision 1.Remedies available.The provisions of sections 103F.701 to 103F.755, |
---|
| 1306 | + | 38.16this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12 |
---|
| 1307 | + | 38.17and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, |
---|
| 1308 | + | 38.18and permits adopted or issued by the agency thereunder or under any other law now in force |
---|
| 1309 | + | 38.19or hereafter enacted for the prevention, control, or abatement of pollution may be enforced |
---|
| 1310 | + | 38.20by any one or any combination of the following: criminal prosecution; action to recover |
---|
| 1311 | + | 38.21civil penalties; injunction; action to compel or cease performance; or other appropriate |
---|
| 1312 | + | 38.22action, in accordance with the provisions of said chapters and this section. |
---|
| 1313 | + | 38.23 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1314 | + | 38.24Sec. 9. Minnesota Statutes 2024, section 115.072, is amended to read: |
---|
| 1315 | + | 38.25 115.072 RECOVERING LITIGATION COSTS AND EXPENSES INCURRED IN |
---|
| 1316 | + | 38.26RESPONDING TO A RELEASE OR THREATENED RELEASE OF POLLUTANTS |
---|
| 1317 | + | 38.27AND CONTAMINANTS. |
---|
| 1318 | + | 38.28 (a) In any action brought by the attorney general, in the name of the state, pursuant to |
---|
| 1319 | + | 38.29the provisions of this chapter and chapters 114C, 114E, and 116, for civil penalties, injunctive |
---|
| 1320 | + | 38.30relief, or in an action to compel compliance, if the state shall finally prevail, and if the |
---|
| 1321 | + | 38Article 2 Sec. 9. |
---|
| 1322 | + | REVISOR CKM/KR 25-0250602/10/25 39.1proven violation was willful, the state, in addition to other penalties provided in this chapter, |
---|
| 1323 | + | 39.2may be allowed an amount determined by the court to be the reasonable value of all or a |
---|
| 1324 | + | 39.3part of the litigation expenses incurred by the state. In determining the amount of such |
---|
| 1325 | + | 39.4litigation expenses to be allowed, the court shall give consideration to the economic |
---|
| 1326 | + | 39.5circumstances of the defendant. |
---|
| 1327 | + | 39.6 (b) Amounts recovered under the provisions of this section paragraph (a) and section |
---|
| 1328 | + | 39.7115.071, subdivisions 3 to 5, shall must be paid into the environmental fund in the state |
---|
| 1329 | + | 39.8treasury to the extent provided in section 115.073. |
---|
| 1330 | + | 39.9 (c) Any reasonable and necessary expenses, including all response costs, corrective |
---|
| 1331 | + | 39.10action costs, staff time, and administrative and legal expenses, incurred by the commissioner |
---|
| 1332 | + | 39.11to respond to releases or threatened releases from pollutants or contaminants that are |
---|
| 1333 | + | 39.12otherwise excluded from recovery under chapter 115B may be recovered in a civil action |
---|
| 1334 | + | 39.13brought by the attorney general against any person. The commissioner's certification of |
---|
| 1335 | + | 39.14expenses is prima facie evidence that the expenses are reasonable and necessary. Any |
---|
| 1336 | + | 39.15expenses that are recovered by the attorney general under this paragraph must be deposited |
---|
| 1337 | + | 39.16in the fund from which they were paid. |
---|
| 1338 | + | 39.17 (d) Any reasonable and necessary expenses, including all response costs, corrective |
---|
| 1339 | + | 39.18action costs, staff time, and administrative and legal expenses, incurred by a local unit of |
---|
| 1340 | + | 39.19government to respond to releases or threatened releases from pollutants or contaminants |
---|
| 1341 | + | 39.20that are otherwise excluded from recovery under chapter 115B may be recovered in a civil |
---|
| 1342 | + | 39.21action brought by the local unit of government against any person. |
---|
| 1343 | + | 39.22Sec. 10. Minnesota Statutes 2024, section 115A.121, is amended to read: |
---|
| 1344 | + | 39.23 115A.121 TOXICS AND POLLUTION PREVENTION EVALUATION; |
---|
| 1345 | + | 39.24CONSOLIDATED REPORT. |
---|
| 1346 | + | 39.25 The commissioner shall prepare and adopt a report on pollution prevention activities |
---|
| 1347 | + | 39.26required in chapters 115A, 115D, and 325E. The report must include activities required |
---|
| 1348 | + | 39.27under section 115A.1320. The commissioner must submit the report to the senate and house |
---|
| 1349 | + | 39.28of representatives committees having jurisdiction over environment and natural resources |
---|
| 1350 | + | 39.29by December 31, 2013, and every four years thereafter. |
---|
| 1351 | + | 39.30 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1352 | + | 39Article 2 Sec. 10. |
---|
| 1353 | + | REVISOR CKM/KR 25-0250602/10/25 40.1 Sec. 11. [115A.1331] STEWARDSHIP PROGRAM FOR CIRCUIT BOARDS, |
---|
| 1354 | + | 40.2BATTERIES, AND ELECTRICAL PRODUCTS; DEFINITIONS. |
---|
| 1355 | + | 40.3 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this |
---|
| 1356 | + | 40.4section. |
---|
| 1357 | + | 40.5 (b) "Battery" means a device that contains one or more voltaic or galvanic cells that are |
---|
| 1358 | + | 40.6electrically connected to produce electric energy, including any structural members, insulative |
---|
| 1359 | + | 40.7casing surrounding the cells, and electrical connectors. |
---|
| 1360 | + | 40.8 (c) "Board" means the Covered Products Reimbursement Board established under section |
---|
| 1361 | + | 40.9115A.1333. |
---|
| 1362 | + | 40.10 (d) "Brand" means a trademark, including both a registered and an unregistered trademark; |
---|
| 1363 | + | 40.11a logo; a name; a symbol; a word; an identifier; or a traceable mark that identifies a covered |
---|
| 1364 | + | 40.12product or other electrical product and identifies the owner or licensee of the brand as the |
---|
| 1365 | + | 40.13producer of the product. |
---|
| 1366 | + | 40.14 (e) "Circuit board" means a nonconductive substrate onto which one or more layers of |
---|
| 1367 | + | 40.15conductive paths have been printed or wires attached for mounting and interconnecting |
---|
| 1368 | + | 40.16electronic components, such as resistors, capacitors, diodes, transistors, integrated circuit |
---|
| 1369 | + | 40.17chips, and connecting wires. Circuit boards include printed circuit boards, printed wiring |
---|
| 1370 | + | 40.18boards, and any other style or type of circuit board. |
---|
| 1371 | + | 40.19 (f) "Collection site" means a physical location where a collector collects covered products |
---|
| 1372 | + | 40.20and other electrical products from members of the public and businesses. Collection site |
---|
| 1373 | + | 40.21includes a location regardless of whether it is operated permanently, temporarily, or for |
---|
| 1374 | + | 40.22purposes of a collection event. |
---|
| 1375 | + | 40.23 (g) "Collector" means a person that collects covered products and other electrical products |
---|
| 1376 | + | 40.24on behalf of the stewardship organization and receives reimbursement from the stewardship |
---|
| 1377 | + | 40.25organization for the collector's costs to collect and manage the products. |
---|
| 1378 | + | 40.26 (h) "Covered battery" means a battery of any type, physical size, or energy capacity |
---|
| 1379 | + | 40.27except a lead-acid battery with a free liquid electrolyte. |
---|
| 1380 | + | 40.28 (i) "Covered circuit board" means any circuit board except a circuit board in: |
---|
| 1381 | + | 40.29 (1) a major appliance; |
---|
| 1382 | + | 40.30 (2) an appliance or tool powered by electrical power of greater than 240 volts alternating |
---|
| 1383 | + | 40.31current; or |
---|
| 1384 | + | 40Article 2 Sec. 11. |
---|
| 1385 | + | REVISOR CKM/KR 25-0250602/10/25 41.1 (3) an appliance or tool designed, manufactured, and intended solely for use in |
---|
| 1386 | + | 41.2manufacturing, industrial, or other commercial settings. |
---|
| 1387 | + | 41.3 (j) "Covered product" means: |
---|
| 1388 | + | 41.4 (1) a covered circuit board; |
---|
| 1389 | + | 41.5 (2) a covered battery; |
---|
| 1390 | + | 41.6 (3) a cathode-ray tube; and |
---|
| 1391 | + | 41.7 (4) a product that has a covered circuit board, a covered battery, or a cathode-ray tube |
---|
| 1392 | + | 41.8contained within it or otherwise attached or connected to it, except; |
---|
| 1393 | + | 41.9 (i) a medical device meeting the definition of a device under United States Code, title |
---|
| 1394 | + | 41.1021, section 321, unless it is marketed for use in a household, as defined in section 115A.96; |
---|
| 1395 | + | 41.11and |
---|
| 1396 | + | 41.12 (ii) a motor vehicle, as defined in section 168.002. |
---|
| 1397 | + | 41.13 (k) "Covered services" means collection, sorting, storage, transport, processing, repair, |
---|
| 1398 | + | 41.14refurbishment, reuse, recycling, or disposal of covered products, other electrical products, |
---|
| 1399 | + | 41.15and residual materials. |
---|
| 1400 | + | 41.16 (l) "De minimis producer" means a producer that, in the most recent calendar year, had |
---|
| 1401 | + | 41.17fewer than 100 covered products that were sold in or into the state and for which the producer |
---|
| 1402 | + | 41.18was responsible. |
---|
| 1403 | + | 41.19 (m) "Facilitate a sale" means to assist a person in transferring title or possession of a |
---|
| 1404 | + | 41.20covered product or other electrical product, regardless of whether title or possession is ever |
---|
| 1405 | + | 41.21acquired by the person facilitating a sale, such as by operating an online marketplace, |
---|
| 1406 | + | 41.22publishing an offer for sale on a website, physically storing inventory of products, entering |
---|
| 1407 | + | 41.23into a contract to allow another person to list a product for sale, processing payment on |
---|
| 1408 | + | 41.24behalf of another person, entering into a contract with a buyer or a seller related to a sale, |
---|
| 1409 | + | 41.25or otherwise providing a sales process. Facilitate a sale does not include acting solely as: |
---|
| 1410 | + | 41.26 (1) an advertiser; |
---|
| 1411 | + | 41.27 (2) a payment processor; or |
---|
| 1412 | + | 41.28 (3) a common carrier. |
---|
| 1413 | + | 41.29 (n) "Independent auditor" means an independent and actively licensed certified public |
---|
| 1414 | + | 41.30accountant that is: |
---|
| 1415 | + | 41.31 (1) retained by the stewardship organization; |
---|
| 1416 | + | 41Article 2 Sec. 11. |
---|
| 1417 | + | REVISOR CKM/KR 25-0250602/10/25 42.1 (2) not otherwise employed by or affiliated with the stewardship organization; and |
---|
| 1418 | + | 42.2 (3) qualified to conduct an audit under section 115A.1337, subdivision 5, paragraph (b), |
---|
| 1419 | + | 42.3clause (6). |
---|
| 1420 | + | 42.4 (o) "Other electrical product" means an appliance or tool that is powered by electricity |
---|
| 1421 | + | 42.5provided through a flexible cord with an attached standardized plug intended for temporary, |
---|
| 1422 | + | 42.6manual connection to the electrical distribution system in a residential or commercial |
---|
| 1423 | + | 42.7structure. Other electrical product does not include: |
---|
| 1424 | + | 42.8 (1) a covered product; |
---|
| 1425 | + | 42.9 (2) a major appliance; |
---|
| 1426 | + | 42.10 (3) an appliance or tool powered by electrical power of greater than 240 volts alternating |
---|
| 1427 | + | 42.11current; or |
---|
| 1428 | + | 42.12 (4) an appliance or tool designed, manufactured, and intended solely for use in |
---|
| 1429 | + | 42.13manufacturing, industrial, or other commercial settings. |
---|
| 1430 | + | 42.14 (p) "Participant" means a producer that is named by the stewardship organization as |
---|
| 1431 | + | 42.15meeting the producer's obligations under sections 115A.1331 to 115A.1347 to contract with |
---|
| 1432 | + | 42.16a stewardship organization and to pay for a stewardship program that meets the producer's |
---|
| 1433 | + | 42.17obligations on the producer's behalf. |
---|
| 1434 | + | 42.18 (q) "Permanent year-round collection site" means a collection site that is open at least |
---|
| 1435 | + | 42.1912 operating hours per week, 50 weeks each calendar year. |
---|
| 1436 | + | 42.20 (r) "Producer" means, with respect to a covered product or other electrical product that |
---|
| 1437 | + | 42.21is sold, including online sales; offered for sale or promotional purposes; or distributed in |
---|
| 1438 | + | 42.22or into the state: |
---|
| 1439 | + | 42.23 (1) a person that manufactured: |
---|
| 1440 | + | 42.24 (i) the covered product; |
---|
| 1441 | + | 42.25 (ii) any component of the covered product if the component is also a covered product; |
---|
| 1442 | + | 42.26or |
---|
| 1443 | + | 42.27 (iii) the other electrical product; |
---|
| 1444 | + | 42.28 (2) a person that imported into the United States: |
---|
| 1445 | + | 42.29 (i) the covered product; |
---|
| 1446 | + | 42.30 (ii) any component of the covered product if the component is also a covered product; |
---|
| 1447 | + | 42.31or |
---|
| 1448 | + | 42Article 2 Sec. 11. |
---|
| 1449 | + | REVISOR CKM/KR 25-0250602/10/25 43.1 (iii) the other electrical product; and |
---|
| 1450 | + | 43.2 (3) a person that owns or controls or is licensed to use a brand under which the covered |
---|
| 1451 | + | 43.3product or other electrical product is sold, including online sales; offered for sale or |
---|
| 1452 | + | 43.4promotional purposes; or distributed in or into the state. |
---|
| 1453 | + | 43.5 (s) "Responsible market" means a market for covered products and other electrical |
---|
| 1454 | + | 43.6products, for reusable or repairable components of covered products and other electrical |
---|
| 1455 | + | 43.7products, for reclaimed materials from covered products and other electrical products, or |
---|
| 1456 | + | 43.8for any other recyclable residues from covered products and other electrical products that: |
---|
| 1457 | + | 43.9 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a |
---|
| 1458 | + | 43.10manner that protects the environment and minimizes risks to public health and worker health |
---|
| 1459 | + | 43.11and safety; |
---|
| 1460 | + | 43.12 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and |
---|
| 1461 | + | 43.13other laws governing environmental, health, safety, and financial responsibility; |
---|
| 1462 | + | 43.14 (3) possesses all licenses and permits required by a federal or state agency or political |
---|
| 1463 | + | 43.15subdivision; |
---|
| 1464 | + | 43.16 (4) if operating in the state, recycles covered products and other electrical products to |
---|
| 1465 | + | 43.17the maximum extent practicable in accordance with section 115A.02, paragraph (b); and |
---|
| 1466 | + | 43.18 (5) minimizes adverse impacts to environmental justice areas. |
---|
| 1467 | + | 43.19 (t) "Stewardship organization" means a nonprofit organization as described in section |
---|
| 1468 | + | 43.20501(c)(3) of the Internal Revenue Code that enters into a contract with producers to draft |
---|
| 1469 | + | 43.21and submit a plan for, implement, and administer a stewardship program under sections |
---|
| 1470 | + | 43.22115A.1331 to 115A.1347 on the producers' behalf. |
---|
| 1471 | + | 43.23 (u) "Stewardship plan" means a plan that is prepared according to section 115A.1335 |
---|
| 1472 | + | 43.24and submitted to the commissioner by a stewardship organization. |
---|
| 1473 | + | 43.25 (v) "Stewardship program" means a system implemented by a stewardship organization |
---|
| 1474 | + | 43.26that provides and pays for covered services and all other activities described in a stewardship |
---|
| 1475 | + | 43.27plan approved by the commissioner under section 115A.1335, subdivision 4. |
---|
| 1476 | + | 43.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 1477 | + | 43Article 2 Sec. 11. |
---|
| 1478 | + | REVISOR CKM/KR 25-0250602/10/25 44.1 Sec. 12. [115A.1333] COVERED PRODUCTS REIMBURSEMENT BOARD. |
---|
| 1479 | + | 44.2 Subdivision 1.Establishment.The Covered Products Reimbursement Board is |
---|
| 1480 | + | 44.3established to recommend reimbursement rates to the commissioner. Except as provided in |
---|
| 1481 | + | 44.4this section, chapter 15 does not apply to the board. |
---|
| 1482 | + | 44.5 Subd. 2.Membership.(a) By January 1, 2026, the commissioner must appoint the initial |
---|
| 1483 | + | 44.6membership of the Covered Products Reimbursement Board. Membership must consist of: |
---|
| 1484 | + | 44.7 (1) two members representing household hazardous waste collection programs established |
---|
| 1485 | + | 44.8under section 115A.96; |
---|
| 1486 | + | 44.9 (2) two members representing collectors, according to paragraph (c); and |
---|
| 1487 | + | 44.10 (3) four members representing and nominated by the stewardship organization. |
---|
| 1488 | + | 44.11 (b) In making appointments under paragraph (a), the commissioner may not appoint |
---|
| 1489 | + | 44.12persons who are: |
---|
| 1490 | + | 44.13 (1) current or elected Minnesota state representatives or senators; |
---|
| 1491 | + | 44.14 (2) required to register as lobbyists under section 10A.03; or |
---|
| 1492 | + | 44.15 (3) employees of the agency. |
---|
| 1493 | + | 44.16 (c) Initial appointments under paragraph (a), clause (2), must represent potential |
---|
| 1494 | + | 44.17collectors. After January 1, 2027, whenever the terms of these members expire according |
---|
| 1495 | + | 44.18to subdivision 3, the new appointments must represent collectors. Members appointed under |
---|
| 1496 | + | 44.19paragraph (a), clause (2), must not represent household hazardous waste collection programs |
---|
| 1497 | + | 44.20established under section 115A.96. |
---|
| 1498 | + | 44.21 Subd. 3.Terms; removal.Members serve for a term of four years, except that one |
---|
| 1499 | + | 44.22member appointed under subdivision 2, paragraph (a), clause (1); one member appointed |
---|
| 1500 | + | 44.23under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision |
---|
| 1501 | + | 44.242, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that |
---|
| 1502 | + | 44.25membership terms are staggered. Members may be reappointed to another term following |
---|
| 1503 | + | 44.26the end of a term. The removal of members is governed by section 15.059, subdivision 4. |
---|
| 1504 | + | 44.27 Subd. 4.Quorum; voting.Meetings of the board must have at least a quorum of |
---|
| 1505 | + | 44.28members, consisting of six members. Recommendations of the board require the affirmative |
---|
| 1506 | + | 44.29vote of at least five members. |
---|
| 1507 | + | 44.30 Subd. 5.Administrative support; facilitator.(a) The commissioner must provide |
---|
| 1508 | + | 44.31administrative support to the board. The commissioner must ensure that all activities of the |
---|
| 1509 | + | 44.32board that require public notice, such as notice of meetings, agendas and materials related |
---|
| 1510 | + | 44Article 2 Sec. 12. |
---|
| 1511 | + | REVISOR CKM/KR 25-0250602/10/25 45.1to agenda items, and minutes, are published on the agency's publicly accessible website. |
---|
| 1512 | + | 45.2The commissioner must provide meeting space and public access for meetings conducted |
---|
| 1513 | + | 45.3by telephone or interactive technology. |
---|
| 1514 | + | 45.4 (b) The commissioner must contract for a professional facilitator for the board. The |
---|
| 1515 | + | 45.5facilitator must schedule and chair the meetings of the board but is not a member for purposes |
---|
| 1516 | + | 45.6of quorum or voting. The facilitator must ensure that all activities of the board that require |
---|
| 1517 | + | 45.7public notice are timely provided to the commissioner for publication. |
---|
| 1518 | + | 45.8 Subd. 6.Meetings.(a) The board must meet at least biannually and as necessary to meet |
---|
| 1519 | + | 45.9the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of the |
---|
| 1520 | + | 45.10facilitator or a majority of the members. |
---|
| 1521 | + | 45.11 (b) The board must comply with the Open Meeting Law under chapter 13D. |
---|
| 1522 | + | 45.12 Subd. 7.Recommendations for reimbursement rates.(a) By July 1, 2026, and annually |
---|
| 1523 | + | 45.13thereafter, the board must submit to the commissioner a recommendation for reimbursement |
---|
| 1524 | + | 45.14rates to collectors for the following calendar year. |
---|
| 1525 | + | 45.15 (b) Recommended rates may be differentiated by any methods recommended by |
---|
| 1526 | + | 45.16consensus of the board, such as local property lease or purchase costs, prevailing local |
---|
| 1527 | + | 45.17wages, or other factors. |
---|
| 1528 | + | 45.18 (c) Recommended rates must cover all costs of collecting covered products and other |
---|
| 1529 | + | 45.19electrical products incurred by collectors, including at least: |
---|
| 1530 | + | 45.20 (1) labor and overhead; |
---|
| 1531 | + | 45.21 (2) covered services performed by a collector in accordance with section 115A.1337, |
---|
| 1532 | + | 45.22subdivision 1, paragraph (b); |
---|
| 1533 | + | 45.23 (3) necessary collection and storage structures and containers as provided in section |
---|
| 1534 | + | 45.24115A.1347, subdivision 1, paragraph (d); |
---|
| 1535 | + | 45.25 (4) employee training; |
---|
| 1536 | + | 45.26 (5) necessary safety equipment, including appropriate fire protection and suppression |
---|
| 1537 | + | 45.27equipment and supplies; and |
---|
| 1538 | + | 45.28 (6) any other costs determined necessary by the commissioner. |
---|
| 1539 | + | 45.29 (b) In making determinations under paragraph (a), clause (6), the commissioner may |
---|
| 1540 | + | 45.30consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
| 1541 | + | 45.31covered products collected; the estimated volume of covered products sold in or into the |
---|
| 1542 | + | 45Article 2 Sec. 12. |
---|
| 1543 | + | REVISOR CKM/KR 25-0250602/10/25 46.1state; the estimated volume of covered products disposed of in the state; and other information |
---|
| 1544 | + | 46.2related to the effectiveness of the stewardship program. |
---|
| 1545 | + | 46.3 (c) The board must also consider any additional financial incentives necessary to induce |
---|
| 1546 | + | 46.4collectors to join the stewardship program in locations that would otherwise not be served, |
---|
| 1547 | + | 46.5so that the stewardship organization can meet or exceed the required convenience standards |
---|
| 1548 | + | 46.6under section 115A.1335, subdivision 3. |
---|
| 1549 | + | 46.7 Subd. 8.Review and approval of reimbursement rates.(a) Within 90 days after |
---|
| 1550 | + | 46.8receiving a recommendation on reimbursement rates submitted under subdivision 7, the |
---|
| 1551 | + | 46.9commissioner must review the recommendation and approve or reject the recommendation. |
---|
| 1552 | + | 46.10 (b) In conducting a review of a recommendation, the commissioner may consult with |
---|
| 1553 | + | 46.11interested parties. |
---|
| 1554 | + | 46.12 (c) For at least 30 days and before approving a recommendation under this subdivision, |
---|
| 1555 | + | 46.13the commissioner must post the recommendation on the agency's publicly accessible website |
---|
| 1556 | + | 46.14for public review and comment. |
---|
| 1557 | + | 46.15 (d) If the commissioner determines that a recommendation does not meet the requirements |
---|
| 1558 | + | 46.16of this section, the commissioner must reject the recommendation. The commissioner must |
---|
| 1559 | + | 46.17provide a written notice of determination describing the reasons for the rejection to the |
---|
| 1560 | + | 46.18board. The board must meet as necessary to submit a revised recommendation to the |
---|
| 1561 | + | 46.19commissioner. |
---|
| 1562 | + | 46.20 (e) After consultation under paragraph (b) and review of public comments under |
---|
| 1563 | + | 46.21paragraph (c), if the commissioner determines that a recommendation meets the requirements |
---|
| 1564 | + | 46.22of this section, the commissioner may approve the recommendation. The commissioner |
---|
| 1565 | + | 46.23must provide a written notice of approval to the board and to the stewardship organization. |
---|
| 1566 | + | 46.24In the notice, the commissioner must specify the effective date of the approved reimbursement |
---|
| 1567 | + | 46.25rates. |
---|
| 1568 | + | 46.26 (f) The stewardship organization must publish approved reimbursement rates on its |
---|
| 1569 | + | 46.27publicly accessible website within 30 days after receiving the commissioner's written notice |
---|
| 1570 | + | 46.28of approval. The commissioner may also publish the approved reimbursement rates on the |
---|
| 1571 | + | 46.29agency's publicly accessible website. |
---|
| 1572 | + | 46.30 Subd. 9.More-frequent rate changes.The board may, for good cause, submit a |
---|
| 1573 | + | 46.31recommendation for reimbursement rates to the commissioner at less than an annual interval. |
---|
| 1574 | + | 46.32The commissioner must review the recommendation according to subdivision 8. If the |
---|
| 1575 | + | 46Article 2 Sec. 12. |
---|
| 1576 | + | REVISOR CKM/KR 25-0250602/10/25 47.1commissioner rejects the recommendation, then the previously approved reimbursement |
---|
| 1577 | + | 47.2rates for that calendar year continue to be in effect. |
---|
| 1578 | + | 47.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 1579 | + | 47.4 Sec. 13. [115A.1335] STEWARDSHIP PLAN AND BUDGET. |
---|
| 1580 | + | 47.5 Subdivision 1.Due date.By October 1, 2026, all producers must contract with a single |
---|
| 1581 | + | 47.6stewardship organization to act on the producers' behalf. By that date, the stewardship |
---|
| 1582 | + | 47.7organization must submit a single stewardship plan meeting the requirements of subdivision |
---|
| 1583 | + | 47.82 to the commissioner to review for approval or rejection. |
---|
| 1584 | + | 47.9 Subd. 2.Plan content; budget requirement.(a) The stewardship plan must include: |
---|
| 1585 | + | 47.10 (1) identification of and contact information for the stewardship organization; |
---|
| 1586 | + | 47.11 (2) identification of and contact information for all participants in the stewardship |
---|
| 1587 | + | 47.12program; |
---|
| 1588 | + | 47.13 (3) identification of and contact information for each collector; each person providing |
---|
| 1589 | + | 47.14covered services for covered products or other electrical products, including any collector |
---|
| 1590 | + | 47.15that will perform covered services other than collection; and each facility at which covered |
---|
| 1591 | + | 47.16products and other electrical products will be managed under the stewardship plan; |
---|
| 1592 | + | 47.17 (4) the address; county of location; and, in a form prescribed by the commissioner, |
---|
| 1593 | + | 47.18geolocation data for each collection site to be used by the stewardship organization under |
---|
| 1594 | + | 47.19the stewardship program; |
---|
| 1595 | + | 47.20 (5) a list of the brands covered under the stewardship program; |
---|
| 1596 | + | 47.21 (6) eligibility criteria for prospective collectors of covered products and other electrical |
---|
| 1597 | + | 47.22products under the stewardship program according to section 115A.1337, subdivision 3, |
---|
| 1598 | + | 47.23paragraph (c); |
---|
| 1599 | + | 47.24 (7) a description of how the stewardship program will accept and provide covered services |
---|
| 1600 | + | 47.25and reimbursement under this section to any household hazardous waste collection program |
---|
| 1601 | + | 47.26established under section 115A.96 in a manner that is equal to the services and reimbursement |
---|
| 1602 | + | 47.27provided to all other collectors, if the operator of the household hazardous waste collection |
---|
| 1603 | + | 47.28program requests covered services and reimbursement; |
---|
| 1604 | + | 47.29 (8) a description of how the stewardship program will provide convenient, statewide |
---|
| 1605 | + | 47.30collection according to subdivision 3; |
---|
| 1606 | + | 47Article 2 Sec. 13. |
---|
| 1607 | + | REVISOR CKM/KR 25-0250602/10/25 48.1 (9) a description of how the stewardship organization will annually monitor and ensure |
---|
| 1608 | + | 48.2continuing compliance with the convenience standards under subdivision 3; |
---|
| 1609 | + | 48.3 (10) a description of how the stewardship organization will provide each collector served |
---|
| 1610 | + | 48.4by the stewardship program with the materials specified in section 115A.1337, subdivision |
---|
| 1611 | + | 48.51, including specifications for appropriate containers, signage templates, and a copy of all |
---|
| 1612 | + | 48.6training and educational materials to be provided; |
---|
| 1613 | + | 48.7 (11) a description of how collection sites will be accessible according to section |
---|
| 1614 | + | 48.8115A.1337, subdivision 2; |
---|
| 1615 | + | 48.9 (12) the performance standards for persons providing covered services for covered |
---|
| 1616 | + | 48.10products and other electrical products on behalf of the stewardship organization and the |
---|
| 1617 | + | 48.11oversight methods by which the stewardship organization will ensure continuing compliance |
---|
| 1618 | + | 48.12with the performance standards. The performance standards must: |
---|
| 1619 | + | 48.13 (i) meet the requirements of section 115A.1337, subdivision 3; and |
---|
| 1620 | + | 48.14 (ii) ensure that covered products, other electrical products, and materials resulting from |
---|
| 1621 | + | 48.15recycling of covered products and other electrical products are managed through responsible |
---|
| 1622 | + | 48.16markets; |
---|
| 1623 | + | 48.17 (13) a description of methods by which the stewardship organization will ensure that |
---|
| 1624 | + | 48.18covered products and any other electrical products that are waste for which the stewardship |
---|
| 1625 | + | 48.19organization is responsible are managed while in the state in compliance with rules adopted |
---|
| 1626 | + | 48.20under section 116.07 for managing solid waste and hazardous waste and, when outside the |
---|
| 1627 | + | 48.21state, with all federal, state, and local requirements applicable to managing solid waste and |
---|
| 1628 | + | 48.22hazardous waste, as applicable; |
---|
| 1629 | + | 48.23 (14) a description of methods by which the stewardship organization will ensure that |
---|
| 1630 | + | 48.24covered products and any other electrical products for which the stewardship organization |
---|
| 1631 | + | 48.25is responsible are managed in compliance with safety and health requirements for employees |
---|
| 1632 | + | 48.26administered by the Department of Labor and Industry and with fire protection requirements |
---|
| 1633 | + | 48.27administered by the Department of Public Safety while in the state and, when outside the |
---|
| 1634 | + | 48.28state, with all federal, state, and local requirements applicable to safety and health |
---|
| 1635 | + | 48.29requirements for employees and fire protection requirements; |
---|
| 1636 | + | 48.30 (15) a description of methods by which the stewardship organization will ensure that |
---|
| 1637 | + | 48.31covered products and other electrical products for which the stewardship organization is |
---|
| 1638 | + | 48.32responsible are transported in compliance with applicable regulations incorporated by |
---|
| 1639 | + | 48.33reference under section 221.033 for transporting hazardous materials while in the state and, |
---|
| 1640 | + | 48Article 2 Sec. 13. |
---|
| 1641 | + | REVISOR CKM/KR 25-0250602/10/25 49.1when outside the state, with all federal, state, and local requirements applicable to |
---|
| 1642 | + | 49.2transportation of hazardous materials; |
---|
| 1643 | + | 49.3 (16) a statement of indemnification by the stewardship organization to collectors for |
---|
| 1644 | + | 49.4potential liability for improper downstream management of covered products and other |
---|
| 1645 | + | 49.5electrical products or residual materials by providers of covered services contracted for by |
---|
| 1646 | + | 49.6the stewardship organization and identified in the stewardship plan under clause (3); |
---|
| 1647 | + | 49.7 (17) a description of how the stewardship organization will determine the mass of covered |
---|
| 1648 | + | 49.8products and other electrical products for which it has provided covered services under the |
---|
| 1649 | + | 49.9stewardship program by county of collection and, for covered batteries and covered products |
---|
| 1650 | + | 49.10that have covered batteries contained within them or otherwise attached or connected to |
---|
| 1651 | + | 49.11them, by battery chemistry; |
---|
| 1652 | + | 49.12 (18) a description of the outreach and education methods and activities that the |
---|
| 1653 | + | 49.13stewardship organization will provide according to section 115A.1337, subdivision 4; |
---|
| 1654 | + | 49.14 (19) a description of how the stewardship organization will employ at least one full-time |
---|
| 1655 | + | 49.15employee who is solely dedicated to implementing the stewardship program in this state |
---|
| 1656 | + | 49.16and serving as the primary contact between the stewardship organization and the agency; |
---|
| 1657 | + | 49.17 (20) a description of the system by which the stewardship organization will provide |
---|
| 1658 | + | 49.18advance funding of or reimbursement to collectors in a manner that provides: |
---|
| 1659 | + | 49.19 (i) a clear process for submitting and paying invoices; |
---|
| 1660 | + | 49.20 (ii) reasonable timelines for reimbursement, at intervals no longer than monthly unless |
---|
| 1661 | + | 49.21otherwise agreed to by the person providing covered services to be reimbursed; and |
---|
| 1662 | + | 49.22 (iii) a third-party mediator to resolve disputes that arise between the stewardship |
---|
| 1663 | + | 49.23organization and a person providing covered services regarding determining or paying |
---|
| 1664 | + | 49.24reimbursements; |
---|
| 1665 | + | 49.25 (21) identification of groups of producers, such as by industry, covered product and |
---|
| 1666 | + | 49.26other electrical product type, or other method proposed by the stewardship organization, |
---|
| 1667 | + | 49.27and the proposed allocation of stewardship program costs among the groups of producers, |
---|
| 1668 | + | 49.28such that the costs of managing covered products or other electrical products produced by |
---|
| 1669 | + | 49.29a group of producers are not borne by other groups of producers; |
---|
| 1670 | + | 49.30 (22) a description of how the stewardship organization will comply with subdivision 6, |
---|
| 1671 | + | 49.31paragraph (b); |
---|
| 1672 | + | 49Article 2 Sec. 13. |
---|
| 1673 | + | REVISOR CKM/KR 25-0250602/10/25 50.1 (23) a description of how the stewardship organization will assist producers in complying |
---|
| 1674 | + | 50.2with the labeling requirements of section 115A.1347, subdivision 2, paragraph (a); |
---|
| 1675 | + | 50.3 (24) a description of how the stewardship organization will ensure that covered products |
---|
| 1676 | + | 50.4and other electrical products managed under the stewardship program are recycled to the |
---|
| 1677 | + | 50.5maximum extent practicable in accordance with section 115A.02, paragraph (b); |
---|
| 1678 | + | 50.6 (25) a description of how the stewardship organization will incentivize investment in |
---|
| 1679 | + | 50.7processes, product design and material use, technology, and personnel training that could |
---|
| 1680 | + | 50.8raise the future maximum extent practicable for recycling described in clause (24), including |
---|
| 1681 | + | 50.9consideration of covered product reuse, repair, and product life cycle; |
---|
| 1682 | + | 50.10 (26) a description of how the stewardship organization will annually report to the |
---|
| 1683 | + | 50.11commissioner the number, type, and volume of covered products and other electrical products |
---|
| 1684 | + | 50.12collected during each calendar year, specifying the categories of the covered products and |
---|
| 1685 | + | 50.13other electrical products and the chemistries of the covered batteries collected; |
---|
| 1686 | + | 50.14 (27) a description of how the stewardship organization will annually report to the |
---|
| 1687 | + | 50.15commissioner the end management, through reuse, repair, reclamation, recycling, or disposal, |
---|
| 1688 | + | 50.16of the covered products and other electrical products shipped from collection sites under |
---|
| 1689 | + | 50.17the stewardship program during each calendar year; and |
---|
| 1690 | + | 50.18 (28) a description of how the stewardship organization will take action to decrease the |
---|
| 1691 | + | 50.19incidence of covered products in solid waste in the state according to section 115A.1337, |
---|
| 1692 | + | 50.20subdivision 4, paragraph (c). |
---|
| 1693 | + | 50.21 (b) By January 1, 2027, and by April 1 each year thereafter, the stewardship organization |
---|
| 1694 | + | 50.22must submit an anticipated annual budget for the stewardship program, broken down into |
---|
| 1695 | + | 50.23the stewardship program's estimated costs for administration, collection, sorting, storage, |
---|
| 1696 | + | 50.24transportation, processing, refurbishment, repair, reuse, recycling, disposal, and |
---|
| 1697 | + | 50.25communication costs, including the cost of fees under section 115A.1339 but not including |
---|
| 1698 | + | 50.26costs for lobbying, costs associated with litigation against the state, or penalties imposed |
---|
| 1699 | + | 50.27by the state. The budget is not subject to review and approval under subdivisions 4 and 5. |
---|
| 1700 | + | 50.28 Subd. 3.Convenience standards.(a) The stewardship plan must provide convenient, |
---|
| 1701 | + | 50.29statewide collection for all covered products that are offered to collectors by a person in the |
---|
| 1702 | + | 50.30state, regardless of: |
---|
| 1703 | + | 50.31 (1) a covered product's brand; |
---|
| 1704 | + | 50.32 (2) a covered battery's energy capacity or chemistry; |
---|
| 1705 | + | 50Article 2 Sec. 13. |
---|
| 1706 | + | REVISOR CKM/KR 25-0250602/10/25 51.1 (3) whether the producer of a covered product is a participant in the stewardship program; |
---|
| 1707 | + | 51.2or |
---|
| 1708 | + | 51.3 (4) whether the brand of a covered product is covered under the stewardship program. |
---|
| 1709 | + | 51.4 (b) The stewardship plan must meet the following convenience standards: |
---|
| 1710 | + | 51.5 (1) for each county with a population of 10,000 or less, maintain at least two permanent |
---|
| 1711 | + | 51.6year-round collection sites; |
---|
| 1712 | + | 51.7 (2) for each county with a population greater than 10,000 but less than or equal to |
---|
| 1713 | + | 51.8100,000, maintain at least two permanent year-round collection sites and at least one |
---|
| 1714 | + | 51.9additional permanent year-round collection site for each additional 10,000 in population |
---|
| 1715 | + | 51.10above a population of 10,000; |
---|
| 1716 | + | 51.11 (3) for each county with a population greater than 100,000, maintain at least 11 permanent |
---|
| 1717 | + | 51.12year-round collection sites and at least one additional permanent year-round collection site |
---|
| 1718 | + | 51.13for each additional 50,000 in population above a population of 100,000; |
---|
| 1719 | + | 51.14 (4) maintain a permanent year-round collection site located within ten miles of the |
---|
| 1720 | + | 51.15household of at least 95 percent of the residents of the state; and |
---|
| 1721 | + | 51.16 (5) any additional convenience standards that the commissioner determines are necessary |
---|
| 1722 | + | 51.17to provide convenient, statewide collection for covered products. |
---|
| 1723 | + | 51.18 (c) In making a determination under paragraph (b), clause (5), the commissioner may |
---|
| 1724 | + | 51.19consider data submitted according to section 115A.1337, subdivision 5; the volume of |
---|
| 1725 | + | 51.20covered products collected; the estimated volume of covered products sold in or into the |
---|
| 1726 | + | 51.21state; the estimated volume of covered products disposed of in the state; and other information |
---|
| 1727 | + | 51.22related to the effectiveness of the stewardship program. |
---|
| 1728 | + | 51.23 Subd. 4.Review of stewardship plan; implementation.(a) Within 120 days after |
---|
| 1729 | + | 51.24receiving a complete stewardship plan submitted under this section, the commissioner must |
---|
| 1730 | + | 51.25determine whether the stewardship plan complies with the requirements of this section and |
---|
| 1731 | + | 51.26will ensure that elements required by subdivision 2, paragraph (a), will be met to the |
---|
| 1732 | + | 51.27maximum extent practicable. The commissioner must provide a written notice of |
---|
| 1733 | + | 51.28determination according to this subdivision. |
---|
| 1734 | + | 51.29 (b) In conducting a review of a stewardship plan, the commissioner may consult with |
---|
| 1735 | + | 51.30interested parties. |
---|
| 1736 | + | 51Article 2 Sec. 13. |
---|
| 1737 | + | REVISOR CKM/KR 25-0250602/10/25 52.1 (c) For at least 30 days and before approving a stewardship plan, the commissioner must |
---|
| 1738 | + | 52.2place the stewardship plan on the agency's publicly accessible website for public review |
---|
| 1739 | + | 52.3and comment. |
---|
| 1740 | + | 52.4 (d) If the commissioner determines that a stewardship plan fails to meet the requirements |
---|
| 1741 | + | 52.5of this section or will not ensure that elements required by subdivision 2, paragraph (a), will |
---|
| 1742 | + | 52.6be met to the maximum extent practicable, the commissioner must reject the stewardship |
---|
| 1743 | + | 52.7plan. The commissioner must provide a written notice of determination to the stewardship |
---|
| 1744 | + | 52.8organization describing the reasons for the rejection. |
---|
| 1745 | + | 52.9 (e) After any consultation under paragraph (b) and review of public comments received |
---|
| 1746 | + | 52.10under paragraph (c), if the commissioner determines that a stewardship plan meets the |
---|
| 1747 | + | 52.11requirements of subdivision 2, the commissioner must approve the stewardship plan. The |
---|
| 1748 | + | 52.12commissioner must provide a written notice of determination to the stewardship organization. |
---|
| 1749 | + | 52.13 (f) The stewardship organization must publish its approved stewardship plan on its |
---|
| 1750 | + | 52.14publicly accessible website within 30 days after receiving written notice of approval but is |
---|
| 1751 | + | 52.15not required to publish nonpublic data as defined under chapter 13. The commissioner may |
---|
| 1752 | + | 52.16publish the approved stewardship plan on the agency's publicly accessible website but must |
---|
| 1753 | + | 52.17not publish nonpublic data. |
---|
| 1754 | + | 52.18 (g) The stewardship organization must implement the stewardship plan approved by the |
---|
| 1755 | + | 52.19commissioner, including any amendments to the stewardship plan that are approved by the |
---|
| 1756 | + | 52.20commissioner according to subdivision 5, within 60 days after receiving written notice of |
---|
| 1757 | + | 52.21approval. |
---|
| 1758 | + | 52.22 (h) For each stewardship plan or amendment submitted to the commissioner for review, |
---|
| 1759 | + | 52.23the commissioner may consider the data submitted according to section 115A.1337, |
---|
| 1760 | + | 52.24subdivision 5, and other relevant information to establish requirements to improve the |
---|
| 1761 | + | 52.25effectiveness, performance, and awareness of the stewardship program. |
---|
| 1762 | + | 52.26 Subd. 5.Amending or terminating stewardship plan.(a) The stewardship organization |
---|
| 1763 | + | 52.27may amend a stewardship plan approved under subdivision 4 without review or approval |
---|
| 1764 | + | 52.28by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days |
---|
| 1765 | + | 52.29after adopting an amendment under this paragraph, the stewardship organization must report |
---|
| 1766 | + | 52.30the amendment to the commissioner and must publish the amended stewardship plan on the |
---|
| 1767 | + | 52.31stewardship organization's publicly accessible website. The stewardship organization must |
---|
| 1768 | + | 52.32implement amendments made to a stewardship plan under this paragraph within 60 days |
---|
| 1769 | + | 52.33after adopting the amendment. The stewardship organization may: |
---|
| 1770 | + | 52Article 2 Sec. 13. |
---|
| 1771 | + | REVISOR CKM/KR 25-0250602/10/25 53.1 (1) add, terminate, or replace a collector, collection site, person providing covered |
---|
| 1772 | + | 53.2services, or facility at which covered services will be performed; |
---|
| 1773 | + | 53.3 (2) add or remove participants or brands covered under the stewardship plan; or |
---|
| 1774 | + | 53.4 (3) change contact staff or contact staff information for the stewardship organization, |
---|
| 1775 | + | 53.5participants, collectors, persons transporting covered products or other electrical products, |
---|
| 1776 | + | 53.6or facilities to be used for storage, processing, recycling, or disposal. |
---|
| 1777 | + | 53.7 (b) Except for an amendment under paragraph (a), a proposed amendment to a |
---|
| 1778 | + | 53.8stewardship plan approved under subdivision 4 must be submitted to and reviewed and |
---|
| 1779 | + | 53.9approved by the commissioner before it may be implemented by the stewardship organization. |
---|
| 1780 | + | 53.10The commissioner must review and approve or reject the proposed amendment according |
---|
| 1781 | + | 53.11to subdivision 4. |
---|
| 1782 | + | 53.12 (c) The stewardship organization with an approved stewardship plan must submit an |
---|
| 1783 | + | 53.13amended stewardship plan for review at least every five years according to this subdivision |
---|
| 1784 | + | 53.14and subdivision 4 if the stewardship organization has not during that time submitted |
---|
| 1785 | + | 53.15amendments for review under paragraph (b). |
---|
| 1786 | + | 53.16 (d) The stewardship organization may terminate a stewardship plan by providing at least |
---|
| 1787 | + | 53.1790 days' written notice to the commissioner and to all participants in the stewardship program. |
---|
| 1788 | + | 53.18Before the stewardship plan is terminated, each participant must meet the requirements of |
---|
| 1789 | + | 53.19section 115A.1335, subdivision 1, by contracting with a new stewardship organization, |
---|
| 1790 | + | 53.20which must submit and obtain the commissioner's approval for a stewardship plan. |
---|
| 1791 | + | 53.21 (e) The commissioner may terminate a stewardship plan for good cause, such as |
---|
| 1792 | + | 53.22significant noncompliance with this section; failure to ensure that covered products and |
---|
| 1793 | + | 53.23other electrical products collected in the state are being managed in responsible markets |
---|
| 1794 | + | 53.24and according to subdivision 2, paragraph (a), clauses (13) to (15); failure to timely submit |
---|
| 1795 | + | 53.25a stewardship plan for review according to paragraph (c); or failure to pay fees assessed |
---|
| 1796 | + | 53.26under section 115A.1339. If the commissioner terminates a stewardship plan, the |
---|
| 1797 | + | 53.27commissioner must provide the stewardship organization with written notice of termination |
---|
| 1798 | + | 53.28describing the good cause for termination. The commissioner must also notify all participants |
---|
| 1799 | + | 53.29in the stewardship program in writing using the contact information for the participants |
---|
| 1800 | + | 53.30provided in the stewardship plan. |
---|
| 1801 | + | 53.31 Subd. 6.Compliance.(a) The stewardship organization must comply with its stewardship |
---|
| 1802 | + | 53.32plan approved by the commissioner, including any amendments to the stewardship plan |
---|
| 1803 | + | 53.33that are made according to subdivision 5, paragraph (a) or (b). |
---|
| 1804 | + | 53Article 2 Sec. 13. |
---|
| 1805 | + | REVISOR CKM/KR 25-0250602/10/25 54.1 (b) The stewardship organization must comply with the reimbursement rates approved |
---|
| 1806 | + | 54.2by the commissioner. |
---|
| 1807 | + | 54.3 (c) The stewardship organization must ensure that all costs of the stewardship program |
---|
| 1808 | + | 54.4are fully paid for by producers as a whole, except for de minimis producers. All costs of |
---|
| 1809 | + | 54.5the stewardship program must be allocated between groups of producers without any fee, |
---|
| 1810 | + | 54.6charge, surcharge, or any other cost to: |
---|
| 1811 | + | 54.7 (1) any member of the public; |
---|
| 1812 | + | 54.8 (2) any business other than a producer; |
---|
| 1813 | + | 54.9 (3) any collector; |
---|
| 1814 | + | 54.10 (4) any person providing covered services; |
---|
| 1815 | + | 54.11 (5) the state or any political subdivision; |
---|
| 1816 | + | 54.12 (6) de minimis producers; or |
---|
| 1817 | + | 54.13 (7) any other person who is not a producer. |
---|
| 1818 | + | 54.14 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1819 | + | 54.15Sec. 14. [115A.1337] STEWARDSHIP ORGANIZATION DUTIES. |
---|
| 1820 | + | 54.16 Subdivision 1.Duties to collectors.(a) The stewardship organization must provide the |
---|
| 1821 | + | 54.17following to each collector: |
---|
| 1822 | + | 54.18 (1) reimbursement at the rates approved by the commissioner; |
---|
| 1823 | + | 54.19 (2) all covered services after the initial collection of covered products and other electrical |
---|
| 1824 | + | 54.20products by the collector; |
---|
| 1825 | + | 54.21 (3) containers as described in section 115A.1347, subdivision 1, paragraph (d); |
---|
| 1826 | + | 54.22 (4) consistent signage identifying a collection site; |
---|
| 1827 | + | 54.23 (5) training for collection site employees on identifying and safely handling and storing |
---|
| 1828 | + | 54.24covered batteries and covered products that have covered batteries contained within them |
---|
| 1829 | + | 54.25or otherwise attached or connected to them, including damaged, defective, or recalled |
---|
| 1830 | + | 54.26batteries, also known as DDR batteries; |
---|
| 1831 | + | 54.27 (6) educational materials that address the information described in subdivision 4, |
---|
| 1832 | + | 54.28paragraph (a), clause (3), for distribution to members of the public and businesses in |
---|
| 1833 | + | 54.29Minnesota. The educational materials must be made available in English and at least the |
---|
| 1834 | + | 54Article 2 Sec. 14. |
---|
| 1835 | + | REVISOR CKM/KR 25-0250602/10/25 55.1three most frequent languages spoken at home in the state other than English, according to |
---|
| 1836 | + | 55.2the state demographer; and |
---|
| 1837 | + | 55.3 (7) direction to an alternate collector whenever a collector determines and reports to the |
---|
| 1838 | + | 55.4stewardship organization, according to section 115A.1341, subdivision 1, paragraph (d), |
---|
| 1839 | + | 55.5that the collector cannot safely collect a covered product. The stewardship organization |
---|
| 1840 | + | 55.6must ensure that the covered product is collected by another collector. |
---|
| 1841 | + | 55.7 (b) The stewardship organization must allow a collector to perform covered services if |
---|
| 1842 | + | 55.8the collector meets the performance standards in the stewardship plan under section |
---|
| 1843 | + | 55.9115A.1335, subdivision 2, paragraph (a), clause (12), and the collector is identified in the |
---|
| 1844 | + | 55.10stewardship plan as providing covered services other than collection according to section |
---|
| 1845 | + | 55.11115A.1335, subdivision 2, paragraph (a), clause (3). |
---|
| 1846 | + | 55.12 (c) For covered services provided under paragraph (b), the stewardship organization |
---|
| 1847 | + | 55.13must reimburse the collector for the cost of the performed covered services according to |
---|
| 1848 | + | 55.14section 115A.1335, subdivision 2, paragraph (a), clause (20). |
---|
| 1849 | + | 55.15 (d) A collector may request the stewardship organization to add a person to provide |
---|
| 1850 | + | 55.16covered services to the stewardship plan as an amendment under section 115A.1335, |
---|
| 1851 | + | 55.17subdivision 5, paragraph (a), and the stewardship organization must consider the request if |
---|
| 1852 | + | 55.18the person meets the performance standards in the stewardship plan. |
---|
| 1853 | + | 55.19 Subd. 2.Accessibility.(a) The stewardship organization must provide convenient, |
---|
| 1854 | + | 55.20equitable, and accessible service to all Minnesotans, including but not limited to people of |
---|
| 1855 | + | 55.21color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that |
---|
| 1856 | + | 55.22are non-English speaking; immigrant and refugee communities; those with limited access |
---|
| 1857 | + | 55.23to transportation; and those in environmental justice areas. |
---|
| 1858 | + | 55.24 (b) The stewardship program must include collection opportunities beyond those required |
---|
| 1859 | + | 55.25under section 115A.1335, subdivision 3, to better serve populations under paragraph (a), |
---|
| 1860 | + | 55.26such as individual pickup from households and temporary events to provide enhanced |
---|
| 1861 | + | 55.27collection availability. |
---|
| 1862 | + | 55.28 (c) Where feasible, the stewardship organization must encourage establishing collection |
---|
| 1863 | + | 55.29sites in proximity to local public transit. |
---|
| 1864 | + | 55.30 Subd. 3.Oversight; collector eligibility.(a) The stewardship organization must ensure |
---|
| 1865 | + | 55.31that: |
---|
| 1866 | + | 55Article 2 Sec. 14. |
---|
| 1867 | + | REVISOR CKM/KR 25-0250602/10/25 56.1 (1) covered products and other electrical products managed under the stewardship |
---|
| 1868 | + | 56.2program are recycled to the maximum extent practicable in accordance with section 115A.02, |
---|
| 1869 | + | 56.3paragraph (b); and |
---|
| 1870 | + | 56.4 (2) residual materials are managed in compliance with applicable hazardous waste or |
---|
| 1871 | + | 56.5solid waste requirements by: |
---|
| 1872 | + | 56.6 (i) each person transporting covered products or other electrical products; and |
---|
| 1873 | + | 56.7 (ii) each facility listed in the stewardship plan at which storage, processing, recycling, |
---|
| 1874 | + | 56.8or disposal of covered products and other electrical products is performed. |
---|
| 1875 | + | 56.9 (b) To ensure that covered products and other electrical products are managed to the |
---|
| 1876 | + | 56.10maximum extent practicable in accordance with section 115A.02, paragraph (b), the |
---|
| 1877 | + | 56.11commissioner may require performance standards and oversight methods in lieu of or in |
---|
| 1878 | + | 56.12addition to the performance standards and oversight methods used by a stewardship |
---|
| 1879 | + | 56.13organization under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), |
---|
| 1880 | + | 56.14clause (12), for persons providing covered services for covered products and other electrical |
---|
| 1881 | + | 56.15products. The commissioner may consider data submitted under subdivision 5; the availability |
---|
| 1882 | + | 56.16and feasibility of technology, processes, and methods for managing covered products and |
---|
| 1883 | + | 56.17other electrical products; and other information related to the effectiveness of the stewardship |
---|
| 1884 | + | 56.18program. |
---|
| 1885 | + | 56.19 (c) The stewardship organization must allow any person meeting the eligibility criteria |
---|
| 1886 | + | 56.20to serve as a collector. Except for a household hazardous waste collection program established |
---|
| 1887 | + | 56.21under section 115A.96, a stewardship organization may terminate a collector and cease |
---|
| 1888 | + | 56.22payment to the collector for good cause. Except as provided for in section 115A.1341, |
---|
| 1889 | + | 56.23subdivision 2, the eligibility criteria must include agreement by collectors to accept covered |
---|
| 1890 | + | 56.24products of any brand, any physical size, and, in the case of covered batteries and covered |
---|
| 1891 | + | 56.25products that have covered batteries contained within them or otherwise attached or connected |
---|
| 1892 | + | 56.26to them, any energy capacity or chemistry. |
---|
| 1893 | + | 56.27 Subd. 4.Stewardship program effectiveness.(a) To support the effectiveness of the |
---|
| 1894 | + | 56.28stewardship program, the stewardship organization must provide outreach and education |
---|
| 1895 | + | 56.29to: |
---|
| 1896 | + | 56.30 (1) persons that might sell, offer for sale or promotional purposes, or distribute covered |
---|
| 1897 | + | 56.31products or other electrical products in or into the state, to inform the persons of the |
---|
| 1898 | + | 56.32requirements of section 115A.1347, subdivision 2; |
---|
| 1899 | + | 56Article 2 Sec. 14. |
---|
| 1900 | + | REVISOR CKM/KR 25-0250602/10/25 57.1 (2) potential collectors and persons who are collecting covered products before the |
---|
| 1901 | + | 57.2effective date of this section to inform the collectors how to request coverage by the |
---|
| 1902 | + | 57.3stewardship program; and |
---|
| 1903 | + | 57.4 (3) members of the public to raise awareness of: |
---|
| 1904 | + | 57.5 (i) public health and safety and environmental risks caused by improperly charging, |
---|
| 1905 | + | 57.6storing, and disposing of covered batteries and covered products that have covered batteries |
---|
| 1906 | + | 57.7contained within them or otherwise attached or connected to them; |
---|
| 1907 | + | 57.8 (ii) public health and environmental risks caused by improperly disposing of covered |
---|
| 1908 | + | 57.9products; |
---|
| 1909 | + | 57.10 (iii) methods to safely charge and store covered batteries and covered products that have |
---|
| 1910 | + | 57.11covered batteries contained within them or otherwise attached or connected to them; |
---|
| 1911 | + | 57.12 (iv) the benefits of repairing, reusing, and recycling covered products and other electrical |
---|
| 1912 | + | 57.13products in contrast to disposal; and |
---|
| 1913 | + | 57.14 (v) the existence of the stewardship program and the ability to recycle covered products |
---|
| 1914 | + | 57.15and other electrical products at no cost, including the location and convenience of collection |
---|
| 1915 | + | 57.16sites in the state. |
---|
| 1916 | + | 57.17 (b) The stewardship organization must maintain a publicly accessible website to locate |
---|
| 1917 | + | 57.18collection sites through map-based and text-based searches. |
---|
| 1918 | + | 57.19 (c) The stewardship organization must, in addition to the requirements of paragraphs |
---|
| 1919 | + | 57.20(a) and (b), take action to decrease the incidence of covered products in solid waste generated |
---|
| 1920 | + | 57.21in the state as soon as practicable and to the maximum extent achievable. The commissioner |
---|
| 1921 | + | 57.22may determine the effectiveness of the stewardship program using information from waste |
---|
| 1922 | + | 57.23composition studies conducted under section 115A.412 and other information available to |
---|
| 1923 | + | 57.24the commissioner and may require the stewardship organization to submit information and |
---|
| 1924 | + | 57.25implement actions to decrease the incidence of covered products in solid waste in accordance |
---|
| 1925 | + | 57.26with section 115A.1335, subdivision 2, paragraph (a), clause (28). |
---|
| 1926 | + | 57.27 Subd. 5.Reporting.(a) The stewardship organization must report an amendment to the |
---|
| 1927 | + | 57.28stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the |
---|
| 1928 | + | 57.29commissioner within 30 days after making the amendment. |
---|
| 1929 | + | 57.30 (b) By April 1 each year, the stewardship organization must report to the commissioner, |
---|
| 1930 | + | 57.31in a form and manner prescribed by the commissioner, on the stewardship organization's |
---|
| 1931 | + | 57.32activities during the preceding calendar year. The stewardship organization must also submit |
---|
| 1932 | + | 57.33a copy of the report to the board. The report must include: |
---|
| 1933 | + | 57Article 2 Sec. 14. |
---|
| 1934 | + | REVISOR CKM/KR 25-0250602/10/25 58.1 (1) the address, county of location, and geolocation data for each collection site used by |
---|
| 1935 | + | 58.2the stewardship organization under the stewardship program during the preceding calendar |
---|
| 1936 | + | 58.3year; |
---|
| 1937 | + | 58.4 (2) the number, type, and volume of covered products and other electrical products |
---|
| 1938 | + | 58.5collected during each calendar year, specifying the categories of the covered products and |
---|
| 1939 | + | 58.6other electrical products and the chemistries of the covered batteries collected, in accordance |
---|
| 1940 | + | 58.7with section 115A.1335, subdivision 2, paragraph (a), clause (26); |
---|
| 1941 | + | 58.8 (3) the end management, through reuse, repair, reclamation, recycling, or disposal, of |
---|
| 1942 | + | 58.9the covered products and other electrical products shipped from collection sites under the |
---|
| 1943 | + | 58.10stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a), |
---|
| 1944 | + | 58.11clause (27); |
---|
| 1945 | + | 58.12 (4) the results of the oversight according to section 115A.1335, subdivision 2, paragraph |
---|
| 1946 | + | 58.13(a), clause (12), verifying that the performance standards were met by each of the persons |
---|
| 1947 | + | 58.14providing covered services; |
---|
| 1948 | + | 58.15 (5) a description of outreach and education activities performed by the stewardship |
---|
| 1949 | + | 58.16organization during the preceding calendar year according to subdivision 4; |
---|
| 1950 | + | 58.17 (6) a financial report on the stewardship program, including actual costs and funding |
---|
| 1951 | + | 58.18compared to the budget for the year submitted under section 115A.1335, subdivision 2, |
---|
| 1952 | + | 58.19paragraph (b). The financial report must include an audit report of the stewardship program |
---|
| 1953 | + | 58.20by an independent auditor. The independent auditor must be selected by the stewardship |
---|
| 1954 | + | 58.21organization and approved or rejected by the commissioner. If the commissioner rejects an |
---|
| 1955 | + | 58.22independent auditor, the stewardship organization must select a different independent auditor |
---|
| 1956 | + | 58.23for approval or rejection by the commissioner. The independent audit must meet the |
---|
| 1957 | + | 58.24requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958), |
---|
| 1958 | + | 58.25Financial Accounting Standards Board, as amended; |
---|
| 1959 | + | 58.26 (7) the proposed and actual budget for the year in which the report is submitted; and |
---|
| 1960 | + | 58.27 (8) starting on the second April after the stewardship organization's first stewardship |
---|
| 1961 | + | 58.28plan is approved by the commissioner, and then every third year thereafter, a performance |
---|
| 1962 | + | 58.29audit of the stewardship program. The performance audit must conform to audit standards |
---|
| 1963 | + | 58.30established by the United States Government Accountability Office; the National Association |
---|
| 1964 | + | 58.31of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization |
---|
| 1965 | + | 58.32approved by the commissioner. |
---|
| 1966 | + | 58.33 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 1967 | + | 58Article 2 Sec. 14. |
---|
| 1968 | + | REVISOR CKM/KR 25-0250602/10/25 59.1 Sec. 15. [115A.1339] FEES. |
---|
| 1969 | + | 59.2 Subdivision 1.Annual fees.(a) By January 1, 2027, and by July 1 each year thereafter, |
---|
| 1970 | + | 59.3the commissioner must calculate the sum of all costs that the agency incurs under sections |
---|
| 1971 | + | 59.4115A.1331 to 115A.1347, exclusive of recovery and management of covered products under |
---|
| 1972 | + | 59.5subdivision 2. The sum calculated for the period preceding January 1, 2027, must include |
---|
| 1973 | + | 59.6the agency's costs from enacting sections 115A.1331 to 115A.1347. For the purposes of |
---|
| 1974 | + | 59.7this paragraph, costs of the board are considered costs incurred by the agency. |
---|
| 1975 | + | 59.8 (b) Notwithstanding section 16A.1283, the commissioner must assess an annual |
---|
| 1976 | + | 59.9administrative fee at an amount that is adequate to reimburse the agency's sum costs of |
---|
| 1977 | + | 59.10administering sections 115A.1331 to 115A.1347. The stewardship organization must pay |
---|
| 1978 | + | 59.11the assessed annual administrative fee by the due date set by the commissioner. |
---|
| 1979 | + | 59.12 Subd. 2.Recovery and proper management fees.(a) When the commissioner intends |
---|
| 1980 | + | 59.13to spend money for the recovery and proper management of covered products under section |
---|
| 1981 | + | 59.14115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess |
---|
| 1982 | + | 59.15the estimated cost of recovery and proper management of covered products to the stewardship |
---|
| 1983 | + | 59.16organization. |
---|
| 1984 | + | 59.17 (b) The cost under paragraph (a) must not include any subsequent remediation of the |
---|
| 1985 | + | 59.18real properties where the covered products are located nor the cost of any environmental |
---|
| 1986 | + | 59.19assessment of the properties to determine appropriate subsequent remediation under other |
---|
| 1987 | + | 59.20law. Such costs must not be paid from any funds assessed, collected, or appropriated under |
---|
| 1988 | + | 59.21this section. The stewardship organization must pay the assessed recovery and management |
---|
| 1989 | + | 59.22fee by the due date set by the commissioner. |
---|
| 1990 | + | 59.23 (c) If, after the covered products have been recovered and properly managed, the actual |
---|
| 1991 | + | 59.24cost of recovery and proper management of the recovered products is less than the fee paid |
---|
| 1992 | + | 59.25by the stewardship organization, the commissioner must refund the excess payment. If the |
---|
| 1993 | + | 59.26cost of recovery and proper management exceeds the fee paid by the stewardship |
---|
| 1994 | + | 59.27organization, the commissioner must assess the stewardship organization for the deficit. |
---|
| 1995 | + | 59.28The stewardship organization must pay the assessed recovery and management fee deficit |
---|
| 1996 | + | 59.29by the due date set by the commissioner. |
---|
| 1997 | + | 59.30 Subd. 3.Disposition of fees.The total amount of net fees collected under this section |
---|
| 1998 | + | 59.31must not exceed the amount necessary to reimburse agency costs as calculated under |
---|
| 1999 | + | 59.32subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the |
---|
| 2000 | + | 59.33state treasury and credited to a product stewardship account in the special revenue fund. |
---|
| 2001 | + | 59Article 2 Sec. 15. |
---|
| 2002 | + | REVISOR CKM/KR 25-0250602/10/25 60.1The amount collected under this section is annually appropriated to the commissioner to |
---|
| 2003 | + | 60.2implement and enforce sections 115A.1331 to 115A.1347. |
---|
| 2004 | + | 60.3 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2005 | + | 60.4 Sec. 16. [115A.1341] COLLECTOR DUTIES. |
---|
| 2006 | + | 60.5 Subdivision 1.Accepting covered products.(a) A collector must accept at least ten |
---|
| 2007 | + | 60.6covered products from a person daily without imposing a fee, charge, surcharge, or other |
---|
| 2008 | + | 60.7cost to any person other than the stewardship organization. A collector may voluntarily |
---|
| 2009 | + | 60.8agree to accept any number of additional covered products daily from a person but may not |
---|
| 2010 | + | 60.9impose a fee, charge, surcharge, or other cost to any person other than the stewardship |
---|
| 2011 | + | 60.10organization to do so. |
---|
| 2012 | + | 60.11 (b) A collector must accept from a person any covered product of any brand, any physical |
---|
| 2013 | + | 60.12size, and, in the case of covered batteries and covered products that have covered batteries |
---|
| 2014 | + | 60.13contained within them or otherwise attached or connected to them, any energy capacity or |
---|
| 2015 | + | 60.14chemistry, unless the collector determines a specific covered product cannot be safely |
---|
| 2016 | + | 60.15collected by the collector at a specific collection site at a specific time. |
---|
| 2017 | + | 60.16 (c) Notwithstanding paragraph (a), a household hazardous waste collection program |
---|
| 2018 | + | 60.17established under section 115A.96 may limit the persons from which the collection program |
---|
| 2019 | + | 60.18accepts covered products and may limit the number of covered products the collection |
---|
| 2020 | + | 60.19program will accept daily from a person. A household hazardous waste collection program |
---|
| 2021 | + | 60.20established under section 115A.96 is not subject to paragraph (b). However, the stewardship |
---|
| 2022 | + | 60.21organization may not include the household hazardous waste collection program when |
---|
| 2023 | + | 60.22demonstrating compliance with the convenience standards of section 115A.1335, subdivision |
---|
| 2024 | + | 60.233, unless the household hazardous waste collection program voluntarily agrees in writing |
---|
| 2025 | + | 60.24with the stewardship organization to comply with both paragraphs (a) and (b). |
---|
| 2026 | + | 60.25 (d) A collector that determines that it cannot safely accept a specific covered product |
---|
| 2027 | + | 60.26must document the reason for not accepting the covered product and immediately notify |
---|
| 2028 | + | 60.27the stewardship organization of the nonacceptance in order to allow the stewardship |
---|
| 2029 | + | 60.28organization to arrange for alternate collection of the covered product under section |
---|
| 2030 | + | 60.29115A.1337, subdivision 1, paragraph (a), clause (7). |
---|
| 2031 | + | 60.30 Subd. 2.Accepting other electrical products.A collector may accept other electrical |
---|
| 2032 | + | 60.31products from a person. If a collector accepts other electrical products, the collector may |
---|
| 2033 | + | 60.32not impose a fee, charge, surcharge, or other cost to any person other than the stewardship |
---|
| 2034 | + | 60.33organization. |
---|
| 2035 | + | 60Article 2 Sec. 16. |
---|
| 2036 | + | REVISOR CKM/KR 25-0250602/10/25 61.1 Subd. 3.Storing accepted products.A collector must manage and store all accepted |
---|
| 2037 | + | 61.2covered products and other electrical products safely and in compliance with section |
---|
| 2038 | + | 61.3115A.1347, subdivision 1, paragraphs (c) and (d). |
---|
| 2039 | + | 61.4 Subd. 4.Training.A collector must ensure and document that training is provided for |
---|
| 2040 | + | 61.5collection site employees on identifying and safely handling and storing covered batteries |
---|
| 2041 | + | 61.6and covered products that have covered batteries contained within them or otherwise attached |
---|
| 2042 | + | 61.7or connected to them, including damaged, defective, or recalled batteries, also known as |
---|
| 2043 | + | 61.8DDR batteries. The collector may provide the training or may receive training from the |
---|
| 2044 | + | 61.9stewardship organization or the stewardship organization's representative. |
---|
| 2045 | + | 61.10 Subd. 5.Recordkeeping.A collector must maintain the following records for at least |
---|
| 2046 | + | 61.11three years and make them available to the commissioner for inspection: |
---|
| 2047 | + | 61.12 (1) records of covered products and other electrical products accepted at a collection |
---|
| 2048 | + | 61.13site; |
---|
| 2049 | + | 61.14 (2) records of covered products and other electrical products shipped from a collection |
---|
| 2050 | + | 61.15site; and |
---|
| 2051 | + | 61.16 (3) documentation of employee training. The three-year record retention period for |
---|
| 2052 | + | 61.17employee documentation begins on the day following the last day the employee worked for |
---|
| 2053 | + | 61.18the collector. |
---|
| 2054 | + | 61.19 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2055 | + | 61.20Sec. 17. [115A.1343] COVERED PRODUCTS RECOVERY AND PROPER |
---|
| 2056 | + | 61.21MANAGEMENT . |
---|
| 2057 | + | 61.22 Subdivision 1.Recovery and proper management.(a) In addition to any authority |
---|
| 2058 | + | 61.23granted by other law and without limiting that authority, whenever the commissioner |
---|
| 2059 | + | 61.24determines that covered products have been abandoned, improperly disposed of, or stored |
---|
| 2060 | + | 61.25on real property within the state in a manner not in compliance with sections 115A.1331 to |
---|
| 2061 | + | 61.26115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph |
---|
| 2062 | + | 61.27(d), or 4, paragraph (g), the commissioner may issue an order under section 115.071, |
---|
| 2063 | + | 61.28subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible |
---|
| 2064 | + | 61.29for the abandonment, improper disposal, or noncompliant storage of the covered products |
---|
| 2065 | + | 61.30to recover and properly manage the covered products according to sections 115A.1331 to |
---|
| 2066 | + | 61.31115A.1347 and applicable rules. An order under this paragraph must notify the person of |
---|
| 2067 | + | 61.32the provisions of this subdivision. |
---|
| 2068 | + | 61Article 2 Sec. 17. |
---|
| 2069 | + | REVISOR CKM/KR 25-0250602/10/25 62.1 (b) If a person that receives an order under paragraph (a) fails to complete the ordered |
---|
| 2070 | + | 62.2actions to recover and properly manage the covered products within the time specified in |
---|
| 2071 | + | 62.3the order, then after that time or upon expiration of the appeal period for the order, whichever |
---|
| 2072 | + | 62.4is later, the commissioner must notify the stewardship organization in writing of: |
---|
| 2073 | + | 62.5 (1) the commissioner's determination that the covered products have been abandoned, |
---|
| 2074 | + | 62.6improperly disposed of, or stored in a noncompliant manner; |
---|
| 2075 | + | 62.7 (2) the name of the person that was issued the order under paragraph (a) and the location |
---|
| 2076 | + | 62.8of the covered products; |
---|
| 2077 | + | 62.9 (3) the actions required to recover and properly manage the covered products; and |
---|
| 2078 | + | 62.10 (4) the amount of time that the stewardship organization may attempt to complete the |
---|
| 2079 | + | 62.11actions to recover and properly manage the covered products on behalf of the person. |
---|
| 2080 | + | 62.12 (c) If the stewardship organization intends to recover and properly manage the covered |
---|
| 2081 | + | 62.13products, the stewardship organization must notify the commissioner of its intent and submit |
---|
| 2082 | + | 62.14a plan to recover and properly manage the covered products to the commissioner. The |
---|
| 2083 | + | 62.15stewardship organization must comply with its submitted recovery and management plan. |
---|
| 2084 | + | 62.16 (d) If, after the period specified in paragraph (b), the ordered actions to recover and |
---|
| 2085 | + | 62.17properly manage the covered products have not been completed, or upon earlier notice from |
---|
| 2086 | + | 62.18the stewardship organization that it does not intend to take the actions, the commissioner |
---|
| 2087 | + | 62.19may recover and properly manage the covered products. The commissioner must estimate |
---|
| 2088 | + | 62.20the cost for a person contracted to the agency to perform the recovery and management. |
---|
| 2089 | + | 62.21The commissioner must assess the estimated cost to the stewardship organization according |
---|
| 2090 | + | 62.22to section 115A.1339, subdivision 2. After the stewardship organization pays the assessed |
---|
| 2091 | + | 62.23fee, the commissioner may recover and properly manage the covered products. Money |
---|
| 2092 | + | 62.24appropriated to the commissioner from the product stewardship account may be spent by |
---|
| 2093 | + | 62.25the commissioner to recover and properly manage the covered products. |
---|
| 2094 | + | 62.26 (e) In addition to the authority to enter upon any public or private property for the purpose |
---|
| 2095 | + | 62.27of obtaining information or conducting surveys or investigations under section 115A.06, |
---|
| 2096 | + | 62.28the commissioner or any designee or agent may enter upon the property to recover covered |
---|
| 2097 | + | 62.29products when acting under this subdivision. |
---|
| 2098 | + | 62.30 Subd. 2.Limited private right of action for recovery and proper management.(a) |
---|
| 2099 | + | 62.31The stewardship organization that recovers and properly manages covered products under |
---|
| 2100 | + | 62.32subdivision 1, paragraph (c), may maintain a civil action against a person issued an order |
---|
| 2101 | + | 62.33to recover and properly manage those covered products under subdivision 1, paragraph (a). |
---|
| 2102 | + | 62Article 2 Sec. 17. |
---|
| 2103 | + | REVISOR CKM/KR 25-0250602/10/25 63.1The stewardship organization is entitled to damages under this paragraph of twice its actual |
---|
| 2104 | + | 63.2cost of recovery and proper management of the covered products. Additional amounts |
---|
| 2105 | + | 63.3recoverable under this paragraph include an award of reasonable attorney fees and costs. |
---|
| 2106 | + | 63.4 (b) When the stewardship organization is assessed and pays the cost to recover and |
---|
| 2107 | + | 63.5properly manage covered products under subdivision 1, paragraph (d), and section |
---|
| 2108 | + | 63.6115A.1339, subdivision 2, the stewardship organization may maintain a civil action against |
---|
| 2109 | + | 63.7a person issued an order to recover and properly manage those covered products under |
---|
| 2110 | + | 63.8subdivision 1, paragraph (a). The stewardship organization is entitled to damages under this |
---|
| 2111 | + | 63.9paragraph equal to the cost of recovery and proper management of covered products assessed |
---|
| 2112 | + | 63.10by the commissioner to the stewardship organization. Additional amounts recoverable under |
---|
| 2113 | + | 63.11this paragraph include an award of reasonable attorney fees and costs. |
---|
| 2114 | + | 63.12 (c) The commissioner may not be a party to or be required to provide assistance or |
---|
| 2115 | + | 63.13otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
| 2116 | + | 63.14subpoena before a court of jurisdiction. |
---|
| 2117 | + | 63.15 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2118 | + | 63.16Sec. 18. [115A.1345] OTHER AUTHORITIES AND DUTIES. |
---|
| 2119 | + | 63.17 Subdivision 1.Limited private right of action against producers.(a) Except as |
---|
| 2120 | + | 63.18provided in paragraph (d), the stewardship organization may maintain a civil action against |
---|
| 2121 | + | 63.19one or more producers, except a de minimis producer, to recover a portion of the stewardship |
---|
| 2122 | + | 63.20organization's costs and additional amounts according to this subdivision. |
---|
| 2123 | + | 63.21 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual |
---|
| 2124 | + | 63.22costs incurred by the plaintiff stewardship organization in managing covered products or |
---|
| 2125 | + | 63.23other electrical products of a defendant producer subject to section 115A.1347, subdivision |
---|
| 2126 | + | 63.242, paragraph (b). Additional amounts recoverable under this subdivision include an award |
---|
| 2127 | + | 63.25of reasonable attorney fees and costs. If a defendant producer did not participate in the |
---|
| 2128 | + | 63.26stewardship program established under sections 115A.1331 to 115A.1347 during the period |
---|
| 2129 | + | 63.27in which covered products or other electrical products of the defendant producer were |
---|
| 2130 | + | 63.28managed by the plaintiff stewardship organization, a punitive sum of up to three times the |
---|
| 2131 | + | 63.29damages awarded may be assessed. |
---|
| 2132 | + | 63.30 (c) A plaintiff stewardship organization may establish a defendant producer's fair share |
---|
| 2133 | + | 63.31of the plaintiff's actual costs by providing the court with information establishing the process |
---|
| 2134 | + | 63.32by which the defendant producer's share of stewardship program costs would have been |
---|
| 2135 | + | 63.33allocated had the defendant producer been a participant in the program and paid its allocated |
---|
| 2136 | + | 63Article 2 Sec. 18. |
---|
| 2137 | + | REVISOR CKM/KR 25-0250602/10/25 64.1share. The plaintiff stewardship organization may use data from producers similar in covered |
---|
| 2138 | + | 64.2product, financial status, or market share to the defendant producer to provide the information. |
---|
| 2139 | + | 64.3 (d) An action may not be commenced under this subdivision against a potential defendant |
---|
| 2140 | + | 64.4producer until 60 days after the plaintiff stewardship organization provides to all potential |
---|
| 2141 | + | 64.5defendants a written notice of the claim setting forth the amount of the claim and the basis |
---|
| 2142 | + | 64.6for the calculation of the amount. |
---|
| 2143 | + | 64.7 (e) No action may be brought under this subdivision against a person other than a |
---|
| 2144 | + | 64.8producer. |
---|
| 2145 | + | 64.9 (f) The commissioner may not be a party to or be required to provide assistance or |
---|
| 2146 | + | 64.10otherwise participate in a civil action authorized under this subdivision unless subject to a |
---|
| 2147 | + | 64.11subpoena before a court of jurisdiction. |
---|
| 2148 | + | 64.12 Subd. 2.Conduct authorized.A producer or stewardship organization that organizes |
---|
| 2149 | + | 64.13covered services for covered products or other electrical products under sections 115A.1331 |
---|
| 2150 | + | 64.14to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust, |
---|
| 2151 | + | 64.15restraint of trade, unfair trade practices, and other regulation of trade or commerce only to |
---|
| 2152 | + | 64.16the extent that the conduct is necessary to plan and implement the producer's or stewardship |
---|
| 2153 | + | 64.17organization's chosen system. |
---|
| 2154 | + | 64.18 Subd. 3.Duty to provide information.Upon request of the commissioner for purposes |
---|
| 2155 | + | 64.19of implementing sections 115A.1331 to 115A.1347, a person must furnish to the |
---|
| 2156 | + | 64.20commissioner any information that the person has or may reasonably obtain. |
---|
| 2157 | + | 64.21 Subd. 4.Contracts.(a) Any person awarded a contract under chapter 16C for purchase |
---|
| 2158 | + | 64.22or lease of covered products or other electrical products that is found to be in violation of |
---|
| 2159 | + | 64.23sections 115A.1331 to 115A.1347 is subject to the following sanctions: |
---|
| 2160 | + | 64.24 (1) the contract must be voided if the commissioner of administration determines that |
---|
| 2161 | + | 64.25the potential adverse impact to the state is exceeded by the benefit obtained from voiding |
---|
| 2162 | + | 64.26the contract; and |
---|
| 2163 | + | 64.27 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part |
---|
| 2164 | + | 64.281230.1150. |
---|
| 2165 | + | 64.29 (b) If the attorney general establishes that any money, property, or benefit was obtained |
---|
| 2166 | + | 64.30by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in |
---|
| 2167 | + | 64.31addition to any other remedy, order the disgorgement of the unlawfully obtained money, |
---|
| 2168 | + | 64.32property, or benefit. |
---|
| 2169 | + | 64Article 2 Sec. 18. |
---|
| 2170 | + | REVISOR CKM/KR 25-0250602/10/25 65.1 Subd. 5.Multistate implementation.The commissioner may participate in establishing |
---|
| 2171 | + | 65.2a regional multistate organization or compact to assist in carrying out the requirements of |
---|
| 2172 | + | 65.3sections 115A.1331 to 115A.1347. |
---|
| 2173 | + | 65.4 Subd. 6.Rules.The commissioner may adopt rules to implement sections 115A.1331 |
---|
| 2174 | + | 65.5to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking |
---|
| 2175 | + | 65.6under this subdivision. |
---|
| 2176 | + | 65.7 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2177 | + | 65.8 Sec. 19. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING; |
---|
| 2178 | + | 65.9COVERED PRODUCT SALES RESTRICTION. |
---|
| 2179 | + | 65.10 Subdivision 1.Disposal prohibition.(a) A person may not place a covered product |
---|
| 2180 | + | 65.11into: |
---|
| 2181 | + | 65.12 (1) solid waste; or |
---|
| 2182 | + | 65.13 (2) a recycling container that a collector has not clearly marked for use for collecting |
---|
| 2183 | + | 65.14covered products. |
---|
| 2184 | + | 65.15 (b) A person must manage a covered product that is discarded by delivering the covered |
---|
| 2185 | + | 65.16product to a collection site or to a recycling facility for covered products. |
---|
| 2186 | + | 65.17 (c) Until recycled, covered products are not exempt from any applicable rules adopted |
---|
| 2187 | + | 65.18under section 116.07 for managing hazardous waste. |
---|
| 2188 | + | 65.19 (d) Covered batteries and covered products that have covered batteries contained within |
---|
| 2189 | + | 65.20them or otherwise attached or connected to them must be stored in containers that are: |
---|
| 2190 | + | 65.21 (1) designed, constructed, and used in a manner to suppress battery fires in the container |
---|
| 2191 | + | 65.22or to prevent ignition of materials outside the container; and |
---|
| 2192 | + | 65.23 (2) held in structures compliant with the local fire code. |
---|
| 2193 | + | 65.24 Subd. 2.Labeling and sale; requirements.(a) A person may not sell, including online |
---|
| 2194 | + | 65.25sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a |
---|
| 2195 | + | 65.26sale of a covered battery or covered product that has a covered battery contained within it |
---|
| 2196 | + | 65.27or otherwise attached or connected to it unless the covered battery and covered product is |
---|
| 2197 | + | 65.28labeled to identify the chemistry employed to store energy in the battery. Labeling under |
---|
| 2198 | + | 65.29this paragraph must be permanently marked on or affixed to the covered battery and covered |
---|
| 2199 | + | 65.30product and must use language or graphics sufficient to facilitate awareness by members |
---|
| 2200 | + | 65.31of the public of the battery chemistry employed. The commissioner may, by rule adopted |
---|
| 2201 | + | 65.32under section 115A.1345, subdivision 6, specify the manner of labeling. |
---|
| 2202 | + | 65Article 2 Sec. 19. |
---|
| 2203 | + | REVISOR CKM/KR 25-0250602/10/25 66.1 (b) A person may not sell, including online sales; offer for sale or promotional purposes; |
---|
| 2204 | + | 66.2distribute in or into the state; or facilitate a sale of a covered product or other electrical |
---|
| 2205 | + | 66.3product unless the producer of the covered product or other electrical product is named as |
---|
| 2206 | + | 66.4a participant in a stewardship plan published under section 115A.1335, subdivision 4, |
---|
| 2207 | + | 66.5paragraph (f), or the brand is named as covered in a stewardship plan published under section |
---|
| 2208 | + | 66.6115A.1335, subdivision 4, paragraph (f), and the stewardship plan has not been terminated |
---|
| 2209 | + | 66.7under section 115A.1335, subdivision 5. |
---|
| 2210 | + | 66.8 (c) This subdivision does not apply to isolated and occasional sales of a covered product |
---|
| 2211 | + | 66.9or other electrical product that are not made in the normal course of business, as exempted |
---|
| 2212 | + | 66.10from sales tax under section 297A.67, subdivision 23. |
---|
| 2213 | + | 66.11 (d) This subdivision does not apply to sales, including online sales; offers for sale or |
---|
| 2214 | + | 66.12promotional purposes; distribution; or facilitation of a sale of a used covered product or |
---|
| 2215 | + | 66.13used other electrical product. |
---|
| 2216 | + | 66.14 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2217 | + | 66.15Sec. 20. Minnesota Statutes 2024, section 115A.554, is amended to read: |
---|
| 2218 | + | 66.16 115A.554 AUTHORITY OF SANITARY DISTRICTS. |
---|
| 2219 | + | 66.17 A sanitary district has the authorities and duties of counties within the district's boundary |
---|
| 2220 | + | 66.18for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; |
---|
| 2221 | + | 66.19115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961; |
---|
| 2222 | + | 66.20116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161. |
---|
| 2223 | + | 66.21 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2224 | + | 66.22Sec. 21. Minnesota Statutes 2024, section 115B.421, is amended to read: |
---|
| 2225 | + | 66.23 115B.421 CLOSED LANDFILL INVESTMENT FUND. |
---|
| 2226 | + | 66.24 Subdivision 1.Establishment.(a) The closed landfill investment fund is established in |
---|
| 2227 | + | 66.25the state treasury. The fund consists of money credited to the fund and interest and other |
---|
| 2228 | + | 66.26earnings on money in the fund. Funds must be deposited as described in section 115B.445. |
---|
| 2229 | + | 66.27The fund must be managed to maximize long-term gain through the State Board of |
---|
| 2230 | + | 66.28Investment. Money in the fund is appropriated to the commissioner of the Pollution Control |
---|
| 2231 | + | 66.29Agency and may be spent according to sections 115B.39 to 115B.444. |
---|
| 2232 | + | 66.30 (b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment |
---|
| 2233 | + | 66.31fund to the commissioner for the purposes of sections 115B.39 to 115B.444. |
---|
| 2234 | + | 66Article 2 Sec. 21. |
---|
| 2235 | + | REVISOR CKM/KR 25-0250602/10/25 67.1 (c) If the commissioner determines that a release or threatened release from a qualified |
---|
| 2236 | + | 67.2facility for which the commissioner has assumed obligations for environmental response |
---|
| 2237 | + | 67.3actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate |
---|
| 2238 | + | 67.4action to prevent, minimize, or mitigate damage either to the public health or welfare or the |
---|
| 2239 | + | 67.5environment or to a system designed to protect the public health or welfare or the |
---|
| 2240 | + | 67.6environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b) |
---|
| 2241 | + | 67.7is appropriated to the commissioner in the first year of the biennium and may be spent by |
---|
| 2242 | + | 67.8the commissioner to take reasonable and necessary emergency response actions. Money |
---|
| 2243 | + | 67.9not spent in the first year of the biennium may be spent in the second year. If money is |
---|
| 2244 | + | 67.10appropriated under this paragraph, the commissioner must notify the chairs of the senate |
---|
| 2245 | + | 67.11and house of representatives committees having jurisdiction over environment policy and |
---|
| 2246 | + | 67.12finance as soon as possible. The commissioner must maintain the fund balance to ensure |
---|
| 2247 | + | 67.13long-term viability of the fund and reflect the responsibility of the landfill cleanup program |
---|
| 2248 | + | 67.14in perpetuity. |
---|
| 2249 | + | 67.15 (d) Paragraphs (b) and (c) expire June 30, 2025. |
---|
| 2250 | + | 67.16 (b) The commissioner of management and budget must allocate the amounts available |
---|
| 2251 | + | 67.17in a biennium to the commissioner of the Pollution Control Agency for the purposes provided |
---|
| 2252 | + | 67.18in sections 115B.39 to 115B.444 based on work plans submitted by the commissioner of |
---|
| 2253 | + | 67.19the Pollution Control Agency and may adjust the allocations if the commissioner of the |
---|
| 2254 | + | 67.20Pollution Control Agency submits revised work plans. The commissioner of the Pollution |
---|
| 2255 | + | 67.21Control Agency must submit copies of the work plans to the chairs of the legislative |
---|
| 2256 | + | 67.22committees and divisions having jurisdiction over environment policy and finance. The |
---|
| 2257 | + | 67.23commissioner of the Pollution Control Agency may submit one work plan for the landfill |
---|
| 2258 | + | 67.24cleanup program covering all funding sources to meet the work plan requirements under |
---|
| 2259 | + | 67.25this section and section 116.155. |
---|
| 2260 | + | 67.26 Subd. 2.Local notification.If money in the closed landfill investment fund is spent or |
---|
| 2261 | + | 67.27transferred for purposes other than the purposes provided under sections 115B.39 to |
---|
| 2262 | + | 67.28115B.444, the commissioner of the Pollution Control Agency must provide written |
---|
| 2263 | + | 67.29notification to each county with a qualified facility within 30 days of the transfer or |
---|
| 2264 | + | 67.30expenditure that includes the amount, purpose, and authority used to spend or transfer the |
---|
| 2265 | + | 67.31money. |
---|
| 2266 | + | 67Article 2 Sec. 21. |
---|
| 2267 | + | REVISOR CKM/KR 25-0250602/10/25 68.1 Sec. 22. Minnesota Statutes 2024, section 115C.02, is amended by adding a subdivision |
---|
| 2268 | + | 68.2to read: |
---|
| 2269 | + | 68.3 Subd. 13a.Side-mounted fuel tank.(a) "Side-mounted fuel tank" means a liquid fuel |
---|
| 2270 | + | 68.4tank that is in commercial use, has a capacity of 50 gallons or more, and: |
---|
| 2271 | + | 68.5 (1) if mounted on a truck tractor, extends outboard of the vehicle frame and outside the |
---|
| 2272 | + | 68.6plain view outline of the cab; or |
---|
| 2273 | + | 68.7 (2) if mounted on a truck, extends outboard of a line parallel to the longitudinal centerline |
---|
| 2274 | + | 68.8of the truck and tangent to the outboard side of a front tire in a straight-ahead position. |
---|
| 2275 | + | 68.9 (b) In determining whether a fuel tank on a truck or truck tractor is side-mounted, the |
---|
| 2276 | + | 68.10fill pipe is not considered a part of the tank. |
---|
| 2277 | + | 68.11Sec. 23. Minnesota Statutes 2024, section 115C.02, subdivision 14, is amended to read: |
---|
| 2278 | + | 68.12 Subd. 14.Tank.(a) "Tank" means any one or a combination of containers, vessels, and |
---|
| 2279 | + | 68.13enclosures, including structures and appurtenances connected to them, that is, or has been, |
---|
| 2280 | + | 68.14used to contain, dispense, or store petroleum. |
---|
| 2281 | + | 68.15 (b) "Tank" does not include: |
---|
| 2282 | + | 68.16 (1) mobile tanks, except for tanks in transport; or |
---|
| 2283 | + | 68.17 (2) pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline |
---|
| 2284 | + | 68.18Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline |
---|
| 2285 | + | 68.19Safety Act of 1979, United States Code, title 49, chapter 29. |
---|
| 2286 | + | 68.20 (c) "Tank" includes a side-mounted fuel tank. |
---|
| 2287 | + | 68.21Sec. 24. Minnesota Statutes 2024, section 115C.09, subdivision 1, is amended to read: |
---|
| 2288 | + | 68.22 Subdivision 1.Reimbursable costs.(a) The board shall provide reimbursement to |
---|
| 2289 | + | 68.23eligible applicants for reimbursable costs. |
---|
| 2290 | + | 68.24 (b) The following costs are reimbursable for purposes of this chapter: |
---|
| 2291 | + | 68.25 (1) corrective action costs incurred by the applicant and documented in a form prescribed |
---|
| 2292 | + | 68.26by the board. Corrective action costs incurred by the applicant include costs for physical |
---|
| 2293 | + | 68.27removal of a tank when the physical removal is part of a corrective action, regardless of |
---|
| 2294 | + | 68.28whether the tank is leaking at the time of removal, and the removal is directed or approved |
---|
| 2295 | + | 68.29by the commissioner; |
---|
| 2296 | + | 68Article 2 Sec. 24. |
---|
| 2297 | + | REVISOR CKM/KR 25-0250602/10/25 69.1 (2) costs that the responsible person is legally obligated to pay as damages to third parties |
---|
| 2298 | + | 69.2for bodily injury, property damage, or corrective action costs incurred by a third party caused |
---|
| 2299 | + | 69.3by a release where the responsible person's liability for the costs has been established by a |
---|
| 2300 | + | 69.4court order or court-approved settlement; and |
---|
| 2301 | + | 69.5 (3) up to 180 days of interest costs associated with the financing of corrective action |
---|
| 2302 | + | 69.6and incurred by the applicant in a written extension of credit or loan that has been signed |
---|
| 2303 | + | 69.7by the applicant and executed after July 1, 2002, provided that the applicant documents |
---|
| 2304 | + | 69.8that: |
---|
| 2305 | + | 69.9 (i) the interest costs are incurred as a result of an extension of credit or loan from a |
---|
| 2306 | + | 69.10financial institution; and |
---|
| 2307 | + | 69.11 (ii) the board has not considered the application within the applicable time frame specified |
---|
| 2308 | + | 69.12in subdivision 2a, paragraph (c). |
---|
| 2309 | + | 69.13 (c) Interest costs meeting the requirements of paragraph (b), clause (3), are eligible only |
---|
| 2310 | + | 69.14when they are incurred between the date a complete initial application is received by the |
---|
| 2311 | + | 69.15board, or the date a complete supplemental application is received by the board, and the |
---|
| 2312 | + | 69.16date that the board first notifies the applicant of its reimbursement determination. An |
---|
| 2313 | + | 69.17application is complete when the information reasonably required or requested by the board's |
---|
| 2314 | + | 69.18staff from the applicant has been received by the board's staff. Interest costs are not eligible |
---|
| 2315 | + | 69.19for reimbursement to the extent they exceed two percentage points above the adjusted prime |
---|
| 2316 | + | 69.20rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the extension |
---|
| 2317 | + | 69.21of credit or loan was executed. |
---|
| 2318 | + | 69.22 (d) A cost for liability to a third party is incurred by the responsible person when an |
---|
| 2319 | + | 69.23order or court-approved settlement is entered that sets forth the specific costs attributed to |
---|
| 2320 | + | 69.24the liability. Except as provided in this paragraph, reimbursement may not be made for costs |
---|
| 2321 | + | 69.25of liability to third parties until all eligible corrective action costs have been reimbursed. If |
---|
| 2322 | + | 69.26a corrective action is expected to continue in operation for more than one year after it has |
---|
| 2323 | + | 69.27been fully constructed or installed, the board may estimate the future expense of completing |
---|
| 2324 | + | 69.28the corrective action and, after subtracting this estimate from the total reimbursement |
---|
| 2325 | + | 69.29available under subdivision 3, reimburse the costs for liability to third parties. The total |
---|
| 2326 | + | 69.30reimbursement may not exceed the limit set forth in subdivision 3. |
---|
| 2327 | + | 69.31 (e) For purposes of this section, "corrective action costs incurred by the applicant" does |
---|
| 2328 | + | 69.32not include corrective action costs resulting from a release from a side-mounted fuel tank. |
---|
| 2329 | + | 69.33Corrective action costs, including staff time, cleanup costs, or damages, resulting from a |
---|
| 2330 | + | 69.34release from a side-mounted fuel tank are not reimbursable. |
---|
| 2331 | + | 69Article 2 Sec. 24. |
---|
| 2332 | + | REVISOR CKM/KR 25-0250602/10/25 70.1 Sec. 25. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read: |
---|
| 2333 | + | 70.2 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and |
---|
| 2334 | + | 70.3resource management permits be issued or denied within 90 days for tier 1 permits or 150 |
---|
| 2335 | + | 70.4days for tier 2 permits following submission of a permit application. The commissioner of |
---|
| 2336 | + | 70.5the Pollution Control Agency shall establish management systems designed to achieve the |
---|
| 2337 | + | 70.6goal. For the purposes of this section, "tier 1 permits" are permits that do not require |
---|
| 2338 | + | 70.7individualized actions or public comment periods, and "tier 2 permits" are permits that |
---|
| 2339 | + | 70.8require individualized actions or public comment periods. |
---|
| 2340 | + | 70.9 (b) The commissioner shall prepare an annual permitting efficiency report that includes |
---|
| 2341 | + | 70.10statistics on meeting the goal in paragraph (a) and the criteria for tier 2 by permit categories. |
---|
| 2342 | + | 70.11The report must also provide information on consultants regarding achievement of the |
---|
| 2343 | + | 70.12performance standards under paragraph (e), clauses (1) to (4). The report is due August 1 |
---|
| 2344 | + | 70.13each year. For permit applications that have not met the goal, the report must state the |
---|
| 2345 | + | 70.14reasons for not meeting the goal. In stating the reasons for not meeting the goal, the |
---|
| 2346 | + | 70.15commissioner shall separately identify delays caused by the responsiveness of the proposer, |
---|
| 2347 | + | 70.16lack of staff, scientific or technical disagreements, or the level of public engagement. The |
---|
| 2348 | + | 70.17report must specify the number of days from initial submission of the application to the day |
---|
| 2349 | + | 70.18of determination that the application is complete. The report must aggregate the data for |
---|
| 2350 | + | 70.19the year and assess whether program or system changes are necessary to achieve the goal. |
---|
| 2351 | + | 70.20The report must be posted on the agency's website and submitted to the governor and the |
---|
| 2352 | + | 70.21chairs and ranking minority members of the house of representatives and senate committees |
---|
| 2353 | + | 70.22having jurisdiction over environment policy and finance. |
---|
| 2354 | + | 70.23 (c) The commissioner shall allow electronic submission of environmental review and |
---|
| 2355 | + | 70.24permit documents to the agency. |
---|
| 2356 | + | 70.25 (d) Within 30 business days of application for a permit subject to paragraph (a), the |
---|
| 2357 | + | 70.26commissioner of the Pollution Control Agency shall notify the permit applicant, in writing, |
---|
| 2358 | + | 70.27whether the application is complete or incomplete. If the commissioner determines that an |
---|
| 2359 | + | 70.28application is incomplete, the notice to the applicant must enumerate all deficiencies, citing |
---|
| 2360 | + | 70.29specific provisions of the applicable rules and statutes, and advise the applicant on how the |
---|
| 2361 | + | 70.30deficiencies can be remedied. If the commissioner determines that the application is complete, |
---|
| 2362 | + | 70.31the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner |
---|
| 2363 | + | 70.32believes that a complete application for a tier 2 construction permit cannot be issued within |
---|
| 2364 | + | 70.33the 150-day goal, the commissioner must provide notice to the applicant with the |
---|
| 2365 | + | 70.34commissioner's notice that the application is complete and, upon request of the applicant, |
---|
| 2366 | + | 70.35provide the permit applicant with a schedule estimating when the agency will begin drafting |
---|
| 2367 | + | 70Article 2 Sec. 25. |
---|
| 2368 | + | REVISOR CKM/KR 25-0250602/10/25 71.1the permit and issue the public notice of the draft permit. This paragraph does not apply to |
---|
| 2369 | + | 71.2an application for a permit that is subject to a grant or loan agreement under chapter 446A. |
---|
| 2370 | + | 71.3 (e) The commissioner must credential consultants who meet the requirements of this |
---|
| 2371 | + | 71.4paragraph and must provide a logo or similar indicator with the credential that can be used |
---|
| 2372 | + | 71.5by a consultant in marketing their services. For purposes of this section, "consultant" means |
---|
| 2373 | + | 71.6a third-party professional representing a facility owner or operator to prepare or assist in |
---|
| 2374 | + | 71.7preparing a permit application or other similar documentation required by the commissioner |
---|
| 2375 | + | 71.8for authorizations under chapters 115 to 116. A consultant is credentialed on January 1 each |
---|
| 2376 | + | 71.9odd-numbered year if, in the preceding two years, the consultant: |
---|
| 2377 | + | 71.10 (1) submitted permit applications deemed complete under paragraph (d) at a rate of at |
---|
| 2378 | + | 71.11least 80 percent; |
---|
| 2379 | + | 71.12 (2) when applicable, met agreed-upon deadlines as part of a plan designed to increase |
---|
| 2380 | + | 71.13the coordination and efficiency of regulatory activities, such as a plan described under |
---|
| 2381 | + | 71.14section 116.035; |
---|
| 2382 | + | 71.15 (3) did not represent an owner or operator to prepare or assist in preparing a permit |
---|
| 2383 | + | 71.16application or other similar documentation when the owner or operator received a citation |
---|
| 2384 | + | 71.17under section 116.073, subdivision 1, paragraph (b); and |
---|
| 2385 | + | 71.18 (4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty of |
---|
| 2386 | + | 71.19candor. |
---|
| 2387 | + | 71.20 (e) (f) For purposes of this subdivision, "permit professional" means an individual not |
---|
| 2388 | + | 71.21employed by the Pollution Control Agency who: |
---|
| 2389 | + | 71.22 (1) has a professional license issued by the state of Minnesota in the subject area of the |
---|
| 2390 | + | 71.23permit; |
---|
| 2391 | + | 71.24 (2) has at least ten years of experience in the subject area of the permit; and |
---|
| 2392 | + | 71.25 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency |
---|
| 2393 | + | 71.26under agency rules and complies with all applicable requirements under chapter 326. |
---|
| 2394 | + | 71.27 (f) (g) Upon the agency's request, an applicant relying on a permit professional must |
---|
| 2395 | + | 71.28participate in a meeting with the agency before submitting an application: |
---|
| 2396 | + | 71.29 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at |
---|
| 2397 | + | 71.30least the following: |
---|
| 2398 | + | 71.31 (i) project description, including, but not limited to, scope of work, primary emissions |
---|
| 2399 | + | 71.32points, discharge outfalls, and water intake points; |
---|
| 2400 | + | 71Article 2 Sec. 25. |
---|
| 2401 | + | REVISOR CKM/KR 25-0250602/10/25 72.1 (ii) location of the project, including county, municipality, and location on the site; |
---|
| 2402 | + | 72.2 (iii) business schedule for project completion; and |
---|
| 2403 | + | 72.3 (iv) other information requested by the agency at least four weeks prior to the scheduled |
---|
| 2404 | + | 72.4meeting; and |
---|
| 2405 | + | 72.5 (2) during the preapplication meeting, the agency shall provide for the applicant at least |
---|
| 2406 | + | 72.6the following: |
---|
| 2407 | + | 72.7 (i) an overview of the permit review program; |
---|
| 2408 | + | 72.8 (ii) a determination of which specific application or applications will be necessary to |
---|
| 2409 | + | 72.9complete the project; |
---|
| 2410 | + | 72.10 (iii) a statement notifying the applicant if the specific permit being sought requires a |
---|
| 2411 | + | 72.11mandatory public hearing or comment period; |
---|
| 2412 | + | 72.12 (iv) a review of the timetable established in the permit review program for the specific |
---|
| 2413 | + | 72.13permit being sought; and |
---|
| 2414 | + | 72.14 (v) a determination of what information must be included in the application, including |
---|
| 2415 | + | 72.15a description of any required modeling or testing. |
---|
| 2416 | + | 72.16 (g) (h) The applicant may select a permit professional to undertake the preparation of |
---|
| 2417 | + | 72.17the permit application and draft permit. |
---|
| 2418 | + | 72.18 (h) (i) If a preapplication meeting was held, the agency shall, within seven business days |
---|
| 2419 | + | 72.19of receipt of an application, notify the applicant and submitting permit professional that the |
---|
| 2420 | + | 72.20application is complete or is denied, specifying the deficiencies of the application. |
---|
| 2421 | + | 72.21 (i) (j) Upon receipt of notice that the application is complete, the permit professional |
---|
| 2422 | + | 72.22shall submit to the agency a timetable for submitting a draft permit. The permit professional |
---|
| 2423 | + | 72.23shall submit a draft permit on or before the date provided in the timetable. Within 60 days |
---|
| 2424 | + | 72.24after the close of the public comment period, the commissioner shall notify the applicant |
---|
| 2425 | + | 72.25whether the permit can be issued. |
---|
| 2426 | + | 72.26 (j) (k) Nothing in this section shall be construed to modify: |
---|
| 2427 | + | 72.27 (1) any requirement of law that is necessary to retain federal delegation to or assumption |
---|
| 2428 | + | 72.28by the state; or |
---|
| 2429 | + | 72.29 (2) the authority to implement a federal law or program. |
---|
| 2430 | + | 72.30 (k) (l) The permit application and draft permit shall identify or include as an appendix |
---|
| 2431 | + | 72.31all studies and other sources of information used to substantiate the analysis contained in |
---|
| 2432 | + | 72Article 2 Sec. 25. |
---|
| 2433 | + | REVISOR CKM/KR 25-0250602/10/25 73.1the permit application and draft permit. The commissioner shall request additional studies, |
---|
| 2434 | + | 73.2if needed, and the permit applicant shall submit all additional studies and information |
---|
| 2435 | + | 73.3necessary for the commissioner to perform the commissioner's responsibility to review, |
---|
| 2436 | + | 73.4modify, and determine the completeness of the application and approve the draft permit. |
---|
| 2437 | + | 73.5 Sec. 26. Minnesota Statutes 2024, section 116.073, subdivision 1, is amended to read: |
---|
| 2438 | + | 73.6 Subdivision 1.Authority to issue.(a) Pollution Control Agency staff designated by the |
---|
| 2439 | + | 73.7commissioner and Department of Natural Resources conservation officers may issue citations |
---|
| 2440 | + | 73.8to a person who: |
---|
| 2441 | + | 73.9 (1) disposes of solid waste as defined in section 116.06, subdivision 22, at a location |
---|
| 2442 | + | 73.10not authorized by law for the disposal of solid waste without permission of the owner of |
---|
| 2443 | + | 73.11the property; |
---|
| 2444 | + | 73.12 (2) fails to report or recover discharges as required under section 115.061; |
---|
| 2445 | + | 73.13 (3) fails to take discharge preventive or preparedness measures required under chapter |
---|
| 2446 | + | 73.14115E; |
---|
| 2447 | + | 73.15 (4) fails to install or use vapor recovery equipment during the transfer of gasoline from |
---|
| 2448 | + | 73.16a transport delivery vehicle to an underground storage tank as required in section 116.49, |
---|
| 2449 | + | 73.17subdivisions 3 and 4; |
---|
| 2450 | + | 73.18 (5) performs labor or services designing, installing, constructing, inspecting, servicing, |
---|
| 2451 | + | 73.19repairing, or operating a subsurface sewage treatment system (SSTS) as defined in chapter |
---|
| 2452 | + | 73.20115 and has violated rules adopted under chapters 115 and 116 in any of the following |
---|
| 2453 | + | 73.21categories: |
---|
| 2454 | + | 73.22 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
| 2455 | + | 73.23 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
| 2456 | + | 73.24 (iii) failure to acquire or maintain a required local permit for SSTS activities; or |
---|
| 2457 | + | 73.25 (iv) failure to submit SSTS as-built plans or compliance inspection forms to the local |
---|
| 2458 | + | 73.26governmental unit; or |
---|
| 2459 | + | 73.27 (6) performs labor or services pumping, hauling, treating, spreading, dumping, |
---|
| 2460 | + | 73.28discharging, or land applying septage as defined in Minnesota Rules, part 7080.1100, subpart |
---|
| 2461 | + | 73.2969, and has violated rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2462 | + | 73.30Regulations, title 40, section 503, in any of the following categories: |
---|
| 2463 | + | 73.31 (i) failure to acquire or maintain a current state-issued SSTS license; |
---|
| 2464 | + | 73Article 2 Sec. 26. |
---|
| 2465 | + | REVISOR CKM/KR 25-0250602/10/25 74.1 (ii) failure to acquire or maintain a current surety bond for SSTS activities; |
---|
| 2466 | + | 74.2 (iii) failure to provide control measures to prevent the pollution of underground waters |
---|
| 2467 | + | 74.3from the discharge of septage into the saturated or unsaturated zone; |
---|
| 2468 | + | 74.4 (iv) failure to produce records or maintain records in accordance with Code of Federal |
---|
| 2469 | + | 74.5Regulations, title 40, section 503; or |
---|
| 2470 | + | 74.6 (v) failure to treat septage for pathogens and vectors in accordance with Code of Federal |
---|
| 2471 | + | 74.7Regulations, title 40, section 503. |
---|
| 2472 | + | 74.8 (b) Agency staff designated by the commissioner may issue citations to facility owners |
---|
| 2473 | + | 74.9and operators who fail to produce, within 30 days or within a reasonable alternative time |
---|
| 2474 | + | 74.10frame as determined and required by the commissioner, information or reports necessary |
---|
| 2475 | + | 74.11for developing and reissuing permits and permit amendments under chapters 114C and 115 |
---|
| 2476 | + | 74.12to 116. If the owner or operator cannot produce the information or reports within 30 days |
---|
| 2477 | + | 74.13or according to an alternative time frame required by the commissioner, the owner or operator |
---|
| 2478 | + | 74.14may request an extension within 30 days of the request for information or reports. The |
---|
| 2479 | + | 74.15commissioner must keep records of citations issued under this paragraph that identify the |
---|
| 2480 | + | 74.16facility, the owner or operator, and any person hired by or representing the owner or operator |
---|
| 2481 | + | 74.17to prepare or assist in preparing the permit application or other information or report requested |
---|
| 2482 | + | 74.18by the commissioner. |
---|
| 2483 | + | 74.19 (b) (c) In addition, Pollution Control Agency staff designated by the commissioner may |
---|
| 2484 | + | 74.20issue citations to owners and operators of facilities who violate sections 116.46 to 116.50 |
---|
| 2485 | + | 74.21and Minnesota Rules, chapters 7150 and 7151 and parts 7001.4200 to 7001.4300. A citation |
---|
| 2486 | + | 74.22issued under this subdivision must include a requirement that the person cited remove and |
---|
| 2487 | + | 74.23properly dispose of or otherwise manage the waste or discharged oil or hazardous substance, |
---|
| 2488 | + | 74.24reimburse any government agency that has disposed of the waste or discharged oil or |
---|
| 2489 | + | 74.25hazardous substance and contaminated debris for the reasonable costs of disposal, or correct |
---|
| 2490 | + | 74.26any storage tank violations. |
---|
| 2491 | + | 74.27 (c) (d) Citations for violations of sections 115E.045 and 116.46 to 116.50 and Minnesota |
---|
| 2492 | + | 74.28Rules, chapters 7150 and 7151, may be issued only after the owners and operators have had |
---|
| 2493 | + | 74.29a 60-day period to correct violations stated in writing by Pollution Control Agency staff, |
---|
| 2494 | + | 74.30unless there is a discharge associated with the violation or the violation is a repeat violation |
---|
| 2495 | + | 74.31from a previous inspection. |
---|
| 2496 | + | 74.32Sec. 27. Minnesota Statutes 2024, section 116.073, subdivision 2, is amended to read: |
---|
| 2497 | + | 74.33 Subd. 2.Penalty amount.The citation must impose the following penalty amounts: |
---|
| 2498 | + | 74Article 2 Sec. 27. |
---|
| 2499 | + | REVISOR CKM/KR 25-0250602/10/25 75.1 (1) $100 per major appliance, as defined in section 115A.03, subdivision 17a, up to a |
---|
| 2500 | + | 75.2maximum of $2,000; |
---|
| 2501 | + | 75.3 (2) $25 per waste tire, as defined in section 115A.90, subdivision 11, up to a maximum |
---|
| 2502 | + | 75.4of $2,000; |
---|
| 2503 | + | 75.5 (3) $25 per lead acid battery governed by section 115A.915, up to a maximum of $2,000; |
---|
| 2504 | + | 75.6 (4) $1 per pound of other solid waste or $20 per cubic foot up to a maximum of $2,000; |
---|
| 2505 | + | 75.7 (5) up to $200 for any amount of waste that escapes from a vehicle used for the |
---|
| 2506 | + | 75.8transportation of solid waste if, after receiving actual notice that waste has escaped the |
---|
| 2507 | + | 75.9vehicle, the person or company transporting the waste fails to immediately collect the waste; |
---|
| 2508 | + | 75.10 (6) $50 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2509 | + | 75.11storage tank system design, construction, installation, and notification requirements, up to |
---|
| 2510 | + | 75.12a maximum of $2,000; |
---|
| 2511 | + | 75.13 (7) $500 per violation of rules adopted under section 116.49, relating to upgrading of |
---|
| 2512 | + | 75.14existing underground storage tank systems, up to a maximum of $2,000 per tank system; |
---|
| 2513 | + | 75.15 (8) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2514 | + | 75.16storage tank system general operating requirements, up to a maximum of $2,000; |
---|
| 2515 | + | 75.17 (9) $250 per violation of rules adopted under section 116.49, relating to underground |
---|
| 2516 | + | 75.18storage tank system release detection requirements, up to a maximum of $2,000; |
---|
| 2517 | + | 75.19 (10) $50 per violation of rules adopted under section 116.49, relating to out-of-service |
---|
| 2518 | + | 75.20underground storage tank systems and closure, up to a maximum of $2,000; |
---|
| 2519 | + | 75.21 (11) $50 per violation of sections 116.48 to 116.491 relating to underground storage |
---|
| 2520 | + | 75.22tank system notification, monitoring, environmental protection, and tank installers training |
---|
| 2521 | + | 75.23and certification requirements, up to a maximum of $2,000; |
---|
| 2522 | + | 75.24 (12) $25 per gallon of oil or hazardous substance discharged which is not reported or |
---|
| 2523 | + | 75.25recovered under section 115.061, up to a maximum of $2,000; |
---|
| 2524 | + | 75.26 (13) $1 per gallon of oil or hazardous substance being stored, transported, or otherwise |
---|
| 2525 | + | 75.27handled without the prevention or preparedness measures required under chapter 115E, up |
---|
| 2526 | + | 75.28to a maximum of $2,000; |
---|
| 2527 | + | 75.29 (14) $250 per violation of Minnesota Rules, parts 7001.4200 to 7001.4300 or chapter |
---|
| 2528 | + | 75.307151, related to aboveground storage tank systems, up to a maximum of $2,000; |
---|
| 2529 | + | 75Article 2 Sec. 27. |
---|
| 2530 | + | REVISOR CKM/KR 25-0250602/10/25 76.1 (15) $250 per delivery made in violation of section 116.49, subdivision 3 or 4, levied |
---|
| 2531 | + | 76.2against: |
---|
| 2532 | + | 76.3 (i) the retail location if vapor recovery equipment is not installed or maintained properly; |
---|
| 2533 | + | 76.4 (ii) the carrier if the transport delivery vehicle is not equipped with vapor recovery |
---|
| 2534 | + | 76.5equipment; or |
---|
| 2535 | + | 76.6 (iii) the driver for failure to use supplied vapor recovery equipment; |
---|
| 2536 | + | 76.7 (16) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2537 | + | 76.8to comply with state subsurface sewage treatment system (SSTS) license requirements, up |
---|
| 2538 | + | 76.9to a maximum of $2,000; |
---|
| 2539 | + | 76.10 (17) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2540 | + | 76.11to comply with SSTS surety bond requirements, up to a maximum of $2,000; |
---|
| 2541 | + | 76.12 (18) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2542 | + | 76.13to provide control measures to prevent the pollution of underground waters from the discharge |
---|
| 2543 | + | 76.14of septage into the saturated or unsaturated zone, up to a maximum of $2,000; |
---|
| 2544 | + | 76.15 (19) $500 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2545 | + | 76.16Regulations, title 40, section 503, relating to failure to treat septage for pathogens and |
---|
| 2546 | + | 76.17vectors, up to a maximum of $2,000; |
---|
| 2547 | + | 76.18 (20) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2548 | + | 76.19Regulations, title 40, section 503, relating to failure to produce records or maintain records, |
---|
| 2549 | + | 76.20up to a maximum of $2,000; |
---|
| 2550 | + | 76.21 (21) $250 per violation of rules adopted under chapters 115 and 116 or Code of Federal |
---|
| 2551 | + | 76.22Regulations, title 40, section 503, relating to failure to submit as-built plans or compliance |
---|
| 2552 | + | 76.23inspection forms to the local governmental unit, up to a maximum of $2,000; and |
---|
| 2553 | + | 76.24 (22) $500 per violation of rules adopted under chapters 115 and 116 relating to failure |
---|
| 2554 | + | 76.25to obtain required local permits, up to a maximum of $2,000.; and |
---|
| 2555 | + | 76.26 (23) $50 per day under subdivision 1, paragraph (b), for each information item or report |
---|
| 2556 | + | 76.27requested for the first 30 days delinquent and $500 per day thereafter, up to a maximum of |
---|
| 2557 | + | 76.28$20,000 for each information item or report requested, until the commissioner determines |
---|
| 2558 | + | 76.29the request for information or report is complete. |
---|
| 2559 | + | 76Article 2 Sec. 27. |
---|
| 2560 | + | REVISOR CKM/KR 25-0250602/10/25 77.1 Sec. 28. Minnesota Statutes 2024, section 116.182, subdivision 5, is amended to read: |
---|
| 2561 | + | 77.2 Subd. 5.Rules.(a) The agency shall adopt rules for the administration of the financial |
---|
| 2562 | + | 77.3assistance program. For wastewater treatment projects, the rules must include: |
---|
| 2563 | + | 77.4 (1) application requirements; |
---|
| 2564 | + | 77.5 (2) criteria for the ranking of projects in order of priority based on factors including the |
---|
| 2565 | + | 77.6type of project and the degree of environmental impact, and scenic and wild river standards; |
---|
| 2566 | + | 77.7and |
---|
| 2567 | + | 77.8 (3) criteria for determining essential project components. |
---|
| 2568 | + | 77.9 (b) Notwithstanding any provision in Minnesota Rules, chapter 7077, to the contrary, |
---|
| 2569 | + | 77.10for purposes of Minnesota Rules, parts 7077.0117, 7077.0118, and 7077.0119, the |
---|
| 2570 | + | 77.11commissioner must assign 40 points if a municipality is proposing a project to address |
---|
| 2571 | + | 77.12emerging contaminants, as defined by the United States Environmental Protection Agency. |
---|
| 2572 | + | 77.13This paragraph expires June 30, 2030. |
---|
| 2573 | + | 77.14Sec. 29. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read: |
---|
| 2574 | + | 77.15 Subd. 6.Mercury thermometers prohibited.(a) A manufacturer, wholesaler, or retailer |
---|
| 2575 | + | 77.16may not sell or distribute at no cost a thermometer containing mercury that was manufactured |
---|
| 2576 | + | 77.17after June 1, 2001. |
---|
| 2577 | + | 77.18 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing |
---|
| 2578 | + | 77.19mercury if the battery is in compliance with section 325E.125 subdivision 8l. |
---|
| 2579 | + | 77.20 (c) A manufacturer is in compliance with this subdivision if the manufacturer: |
---|
| 2580 | + | 77.21 (1) has received an exclusion or exemption from a state that is a member of the Interstate |
---|
| 2581 | + | 77.22Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no |
---|
| 2582 | + | 77.23alternative is available or for an application when no feasible alternative is available; |
---|
| 2583 | + | 77.24 (2) submits a copy of the approved exclusion or exemption to the commissioner; and |
---|
| 2584 | + | 77.25 (3) meets all of the requirements in the approved exclusion or exemption for the |
---|
| 2585 | + | 77.26manufacturer's activities within the state. |
---|
| 2586 | + | 77.27 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2587 | + | 77Article 2 Sec. 29. |
---|
| 2588 | + | REVISOR CKM/KR 25-0250602/10/25 78.1 Sec. 30. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to |
---|
| 2589 | + | 78.2read: |
---|
| 2590 | + | 78.3 Subd. 8l.Ban; mercury in batteries.A person may not sell, offer for sale, or distribute |
---|
| 2591 | + | 78.4in or into the state: |
---|
| 2592 | + | 78.5 (1) an alkaline manganese battery that contains mercury that is not a button cell |
---|
| 2593 | + | 78.6nonrechargeable battery; |
---|
| 2594 | + | 78.7 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of |
---|
| 2595 | + | 78.8mercury; or |
---|
| 2596 | + | 78.9 (3) a dry cell battery containing a mercuric oxide electrode. |
---|
| 2597 | + | 78.10 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 2598 | + | 78.11Sec. 31. Minnesota Statutes 2024, section 168.1295, subdivision 1, is amended to read: |
---|
| 2599 | + | 78.12 Subdivision 1.General requirements and procedures.(a) The commissioner shall |
---|
| 2600 | + | 78.13issue state parks and trails plates to an applicant who: |
---|
| 2601 | + | 78.14 (1) is a registered owner of a passenger automobile, recreational vehicle, one-ton pickup |
---|
| 2602 | + | 78.15truck, or motorcycle; |
---|
| 2603 | + | 78.16 (2) pays a fee in the amount specified for special plates under section 168.12, subdivision |
---|
| 2604 | + | 78.175; |
---|
| 2605 | + | 78.18 (3) pays the registration tax required under section 168.013; |
---|
| 2606 | + | 78.19 (4) pays the fees required under this chapter; |
---|
| 2607 | + | 78.20 (5) contributes a minimum of $60 $70 annually to the state parks and trails donation |
---|
| 2608 | + | 78.21account established in section 85.056; and |
---|
| 2609 | + | 78.22 (6) complies with this chapter and rules governing registration of motor vehicles and |
---|
| 2610 | + | 78.23licensing of drivers. |
---|
| 2611 | + | 78.24 (b) The state parks and trails plate application must indicate that the contribution specified |
---|
| 2612 | + | 78.25under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the |
---|
| 2613 | + | 78.26applicant may make an additional contribution to the account. |
---|
| 2614 | + | 78.27 (c) State parks and trails plates may be personalized according to section 168.12, |
---|
| 2615 | + | 78.28subdivision 2a. |
---|
| 2616 | + | 78Article 2 Sec. 31. |
---|
| 2617 | + | REVISOR CKM/KR 25-0250602/10/25 79.1 Sec. 32. Minnesota Statutes 2024, section 446A.07, subdivision 8, is amended to read: |
---|
| 2618 | + | 79.2 Subd. 8.Other uses of revolving fund.(a) The clean water revolving fund may be used |
---|
| 2619 | + | 79.3as provided in title VI of the Federal Water Pollution Control Act, including the following |
---|
| 2620 | + | 79.4uses: |
---|
| 2621 | + | 79.5 (1) to buy or refinance the debt obligation of governmental units for treatment works |
---|
| 2622 | + | 79.6where debt was incurred and construction begun after March 7, 1985, at or below market |
---|
| 2623 | + | 79.7rates; |
---|
| 2624 | + | 79.8 (2) to guarantee or purchase insurance for local obligations to improve credit market |
---|
| 2625 | + | 79.9access or reduce interest rates; |
---|
| 2626 | + | 79.10 (3) to provide a source of revenue or security for the payment of principal and interest |
---|
| 2627 | + | 79.11on revenue or general obligation bonds issued by the authority if the bond proceeds are |
---|
| 2628 | + | 79.12deposited in the fund; |
---|
| 2629 | + | 79.13 (4) to provide loan guarantees, loans, or set-aside for similar revolving funds established |
---|
| 2630 | + | 79.14by a governmental unit other than state agencies, or state agencies under sections 17.117, |
---|
| 2631 | + | 79.15103F.725, subdivision 1a, and 116J.617; |
---|
| 2632 | + | 79.16 (5) to earn interest on fund accounts; and |
---|
| 2633 | + | 79.17 (6) to pay the reasonable costs incurred by the authority and the Pollution Control Agency |
---|
| 2634 | + | 79.18of administering the fund and conducting activities required under the Federal Water Pollution |
---|
| 2635 | + | 79.19Control Act, including water quality management planning under section 205(j) of the act |
---|
| 2636 | + | 79.20and water quality standards continuing planning under section 303(e) of the act;. |
---|
| 2637 | + | 79.21 (b) The clean water revolving fund may be used to provide additional subsidization as |
---|
| 2638 | + | 79.22permitted under the federal Water Pollution Control Act and other federal law to provide |
---|
| 2639 | + | 79.23principal forgiveness or grants: |
---|
| 2640 | + | 79.24 (7) to provide principal forgiveness or grants to the extent permitted under the Federal |
---|
| 2641 | + | 79.25Water Pollution Control Act and other federal law, (1) based on the affordability criteria |
---|
| 2642 | + | 79.26and requirements established for the wastewater water infrastructure funding program under |
---|
| 2643 | + | 79.27section 446A.072; and |
---|
| 2644 | + | 79.28 (8) to provide loans, principal forgiveness, or grants to the extent permitted under the |
---|
| 2645 | + | 79.29Federal Water Pollution Control Act and other federal law (2) for 25 percent of project costs |
---|
| 2646 | + | 79.30up to a maximum of $1,000,000 for projects to address green infrastructure, water or energy |
---|
| 2647 | + | 79.31efficiency improvements, or other environmentally innovative activities.; and |
---|
| 2648 | + | 79Article 2 Sec. 32. |
---|
| 2649 | + | REVISOR CKM/KR 25-0250602/10/25 80.1 (3) for 50 percent of project costs up to a maximum of $3,000,000 for projects that |
---|
| 2650 | + | 80.2address emerging contaminants as defined by the United States Environmental Protection |
---|
| 2651 | + | 80.3Agency. |
---|
| 2652 | + | 80.4 (b) Amounts spent under paragraph (a), clause (6), may not exceed the amount allowed |
---|
| 2653 | + | 80.5under the Federal Water Pollution Control Act. |
---|
| 2654 | + | 80.6 (c) Principal forgiveness or grants provided under paragraph (a), clause (8), may not |
---|
| 2655 | + | 80.7exceed 25 percent of the eligible project costs as determined by the Pollution Control Agency |
---|
| 2656 | + | 80.8for project components directly related to green infrastructure, water or energy efficiency |
---|
| 2657 | + | 80.9improvements, or other environmentally innovative activities, up to a maximum of |
---|
| 2658 | + | 80.10$1,000,000. |
---|
| 2659 | + | 80.11Sec. 33. Minnesota Statutes 2024, section 473.167, is amended to read: |
---|
| 2660 | + | 80.12 473.167 HIGHWAY PROJECTS; REGIONAL PARKS AND TRAILS PROJECTS. |
---|
| 2661 | + | 80.13 Subd. 2.Loans for acquisition.(a) The council may make loans to counties, towns, |
---|
| 2662 | + | 80.14and statutory and home rule charter cities within the metropolitan area for the purchase of |
---|
| 2663 | + | 80.15property within the right-of-way of a state trunk highway shown on an official map adopted |
---|
| 2664 | + | 80.16pursuant to section 394.361 or 462.359 or for the purchase of property within the proposed |
---|
| 2665 | + | 80.17right-of-way of a principal or intermediate arterial highway designated by the council as a |
---|
| 2666 | + | 80.18part of the metropolitan highway system plan and approved by the council pursuant to |
---|
| 2667 | + | 80.19section 473.166. The loans shall must be made by the council, from the fund established |
---|
| 2668 | + | 80.20pursuant to this subdivision, for purchases approved by the council. The loans shall bear |
---|
| 2669 | + | 80.21no interest. |
---|
| 2670 | + | 80.22 (b) The council may make loans to regional parks implementing agencies as defined in |
---|
| 2671 | + | 80.23section 473.351, subdivision 1, paragraph (a), for the purchase of property within the |
---|
| 2672 | + | 80.24boundaries or corridors that are designated by the council as part of the regional recreation |
---|
| 2673 | + | 80.25open space system, as defined in section 473.351, subdivision 1, paragraph (d), and that are |
---|
| 2674 | + | 80.26approved by the council according to sections 473.147 and 473.313.The loans must be made |
---|
| 2675 | + | 80.27by the council, from the fund established pursuant to this subdivision, for purchases approved |
---|
| 2676 | + | 80.28by the council. The loans bear no interest. |
---|
| 2677 | + | 80.29 (b) (c) The council shall make loans only: |
---|
| 2678 | + | 80.30 (1) to accelerate the acquisition of primarily undeveloped property when there is a |
---|
| 2679 | + | 80.31reasonable probability that the property will increase in value before highway construction, |
---|
| 2680 | + | 80.32and to update an expired environmental impact statement on a project for which the |
---|
| 2681 | + | 80.33right-of-way is being purchased; |
---|
| 2682 | + | 80Article 2 Sec. 33. |
---|
| 2683 | + | REVISOR CKM/KR 25-0250602/10/25 81.1 (2) to accelerate the acquisition of primarily undeveloped property when there is a |
---|
| 2684 | + | 81.2reasonable probability that the property will increase in value before it can be acquired for |
---|
| 2685 | + | 81.3regional recreation open space system purposes; |
---|
| 2686 | + | 81.4 (2) (3) to avert the imminent conversion or the granting of approvals which that would |
---|
| 2687 | + | 81.5allow the conversion of property to uses which that would jeopardize its availability for |
---|
| 2688 | + | 81.6highway construction; |
---|
| 2689 | + | 81.7 (4) to avert the imminent conversion or the granting of approvals that would allow |
---|
| 2690 | + | 81.8development on the property that would jeopardize its availability or increase its costs for |
---|
| 2691 | + | 81.9regional recreation open space system purposes; |
---|
| 2692 | + | 81.10 (3) (5) to advance planning and environmental activities on highest priority major |
---|
| 2693 | + | 81.11metropolitan river crossing projects, under the transportation development guide |
---|
| 2694 | + | 81.12chapter/policy plan; or |
---|
| 2695 | + | 81.13 (4) (6) to take advantage of open market opportunities when developed properties become |
---|
| 2696 | + | 81.14available for sale, provided all parties involved are agreeable to the sale and funds are |
---|
| 2697 | + | 81.15available; or |
---|
| 2698 | + | 81.16 (7) to advance acquisition of property for the regional recreation open space system |
---|
| 2699 | + | 81.17when the time frame for completing acquisition for the regional park or trail, as defined in |
---|
| 2700 | + | 81.18the council's policy plan under section 473.147, may take many years before the property |
---|
| 2701 | + | 81.19is made available and open to the public. |
---|
| 2702 | + | 81.20 (c) (d) The council shall not make loans for the purchase of property at a price which |
---|
| 2703 | + | 81.21that exceeds the fair market value of the property or which that includes the costs of relocating |
---|
| 2704 | + | 81.22or moving persons or property. The eminent domain process may be used to settle differences |
---|
| 2705 | + | 81.23of opinion as to fair market value, provided all parties agree to the process. |
---|
| 2706 | + | 81.24 (d) (e) A private property owner may elect to receive the purchase price either in a lump |
---|
| 2707 | + | 81.25sum or in not more than four annual installments without interest on the deferred installments. |
---|
| 2708 | + | 81.26If the purchase agreement provides for installment payments, the council shall make the |
---|
| 2709 | + | 81.27loan in installments corresponding to those in the purchase agreement. |
---|
| 2710 | + | 81.28 (f) The recipient of an a highway acquisition loan shall convey the property for the |
---|
| 2711 | + | 81.29construction of the highway at the same price which that the recipient paid for the property. |
---|
| 2712 | + | 81.30The price may include the costs of preparing environmental documents that were required |
---|
| 2713 | + | 81.31for the acquisition and that were paid for with money that the recipient received from the |
---|
| 2714 | + | 81.32loan fund. Upon notification by the council that the plan to construct the highway has been |
---|
| 2715 | + | 81.33abandoned or the anticipated location of the highway changed, the recipient shall sell must |
---|
| 2716 | + | 81Article 2 Sec. 33. |
---|
| 2717 | + | REVISOR CKM/KR 25-0250602/10/25 82.1dispose of the property at market value in accordance with the council's procedures required |
---|
| 2718 | + | 82.2for the disposition for disposing of the property. All rents and other money received because |
---|
| 2719 | + | 82.3of the recipient's ownership of the property and all proceeds from the conveyance or sale |
---|
| 2720 | + | 82.4of the property shall must be paid to the council. If a recipient is not permitted to include |
---|
| 2721 | + | 82.5in the conveyance price the cost of preparing environmental documents that were required |
---|
| 2722 | + | 82.6for the acquisition, then the recipient is not required to repay the council an amount equal |
---|
| 2723 | + | 82.7to 40 percent of the money received from the loan fund and spent in preparing the |
---|
| 2724 | + | 82.8environmental documents. |
---|
| 2725 | + | 82.9 (g) For park conversions, upon approval of a boundary change to the regional recreation |
---|
| 2726 | + | 82.10open space system, as evidenced by the council's approval of the master plan or plan |
---|
| 2727 | + | 82.11amendment to make the boundary change under section 473.313, the loan recipient must |
---|
| 2728 | + | 82.12dispose of the property according to the council's procedures for disposing of the property. |
---|
| 2729 | + | 82.13Any remaining balance of unspent rents and other money received because of the recipient's |
---|
| 2730 | + | 82.14ownership of the property and all proceeds from the conveyance or sale of the property |
---|
| 2731 | + | 82.15must be paid to the council. |
---|
| 2732 | + | 82.16 (e) (h) The proceeds of the tax authorized by subdivision 3, all money paid to the council |
---|
| 2733 | + | 82.17by recipients of loans, and all interest on the proceeds and payments shall must be maintained |
---|
| 2734 | + | 82.18as a separate fund. For administration of the loan program, the council may expend from |
---|
| 2735 | + | 82.19the fund each year an amount no greater than three percent of the amount of the proceeds |
---|
| 2736 | + | 82.20for that year. |
---|
| 2737 | + | 82.21 Subd. 2a.Loans for homestead acquisition and relocation.(a) The council may make |
---|
| 2738 | + | 82.22loans to acquiring authorities within the metropolitan area to purchase homestead property |
---|
| 2739 | + | 82.23for regional recreation open space system purposes according to section 473.351, subdivision |
---|
| 2740 | + | 82.241, paragraph (d), that are approved by the council according to sections 473.147 and 473.313; |
---|
| 2741 | + | 82.25to purchase homestead property located in a proposed state trunk highway right-of-way or |
---|
| 2742 | + | 82.26project,; and to provide relocation assistance. Acquiring authorities are authorized to accept |
---|
| 2743 | + | 82.27the loans and to acquire the property. Except as provided in this subdivision, the loans shall |
---|
| 2744 | + | 82.28must be made as provided in subdivision 2. Loans shall must be in the amount of the fair |
---|
| 2745 | + | 82.29market value of the homestead property plus relocation costs and less salvage value. Before |
---|
| 2746 | + | 82.30construction of the a highway begins, the acquiring authority shall convey the property to |
---|
| 2747 | + | 82.31the commissioner of transportation at the same price it paid, plus relocation costs and less |
---|
| 2748 | + | 82.32its salvage value. Acquisition and assistance under this subdivision must conform to sections |
---|
| 2749 | + | 82.33117.50 to 117.56. |
---|
| 2750 | + | 82.34 (b) The council may make loans for highway purposes only when: |
---|
| 2751 | + | 82Article 2 Sec. 33. |
---|
| 2752 | + | REVISOR CKM/KR 25-0250602/10/25 83.1 (1) the owner of affected homestead property requests acquisition and relocation |
---|
| 2753 | + | 83.2assistance from an acquiring authority; |
---|
| 2754 | + | 83.3 (2) federal or state financial participation is not available; |
---|
| 2755 | + | 83.4 (3) the owner is unable to sell the homestead property at its appraised market value |
---|
| 2756 | + | 83.5because the property is located in a proposed state trunk highway right-of-way or project |
---|
| 2757 | + | 83.6as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359; |
---|
| 2758 | + | 83.7and |
---|
| 2759 | + | 83.8 (4) the council agrees to and approves the fair market value of the homestead property, |
---|
| 2760 | + | 83.9which approval shall must not be unreasonably withheld. |
---|
| 2761 | + | 83.10 (c) The council may make loans for regional recreation open space system purposes |
---|
| 2762 | + | 83.11only when: |
---|
| 2763 | + | 83.12 (1) the owner of affected homestead property requests acquisition and relocation |
---|
| 2764 | + | 83.13assistance from an implementing agency; |
---|
| 2765 | + | 83.14 (2) funding from other sources is not available; |
---|
| 2766 | + | 83.15 (3) property acquisition is in accordance with the council's policy plan and the |
---|
| 2767 | + | 83.16implementing agency's master plan approved by the council according to section 473.313; |
---|
| 2768 | + | 83.17and |
---|
| 2769 | + | 83.18 (4) the council agrees to and approves the fair market value of the homestead property, |
---|
| 2770 | + | 83.19which approval must not be unreasonably withheld. |
---|
| 2771 | + | 83.20 (c) (d) For purposes of this subdivision, the following terms have the meanings given |
---|
| 2772 | + | 83.21them. |
---|
| 2773 | + | 83.22 (1) "Acquiring authority" means counties, towns, and statutory and home rule charter |
---|
| 2774 | + | 83.23cities in the metropolitan area and implementing agencies as defined in section 473.351, |
---|
| 2775 | + | 83.24subdivision 1, paragraph (a). |
---|
| 2776 | + | 83.25 (2) "Homestead property" means: (i) a single-family dwelling occupied by the owner, |
---|
| 2777 | + | 83.26and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home, |
---|
| 2778 | + | 83.27as defined in section 327B.01, subdivision 13. |
---|
| 2779 | + | 83.28 (3) "Salvage value" means the probable sale price of the dwelling and other property |
---|
| 2780 | + | 83.29that is severable from the land if offered for sale on the condition that it be removed from |
---|
| 2781 | + | 83.30the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge |
---|
| 2782 | + | 83.31of the possible uses of the property, including separate use of serviceable components and |
---|
| 2783 | + | 83.32scrap when there is no other reasonable prospect of sale. |
---|
| 2784 | + | 83Article 2 Sec. 33. |
---|
| 2785 | + | REVISOR CKM/KR 25-0250602/10/25 84.1 Subd. 3.Tax.The council may levy a tax on all taxable property in the metropolitan |
---|
| 2786 | + | 84.2area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions |
---|
| 2787 | + | 84.32 and 2a. This tax for the right-of-way acquisition loan fund shall must be certified by the |
---|
| 2788 | + | 84.4council, levied, and collected in the manner provided by section 473.13. The tax shall be is |
---|
| 2789 | + | 84.5in addition to that authorized by section 473.249 and any other law and shall does not affect |
---|
| 2790 | + | 84.6the amount or rate of taxes which that may be levied by the council or any metropolitan |
---|
| 2791 | + | 84.7agency or local governmental unit. The amount of the levy shall be is as determined and |
---|
| 2792 | + | 84.8certified by the council, provided that the tax levied by the Metropolitan Council for the |
---|
| 2793 | + | 84.9right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004 |
---|
| 2794 | + | 84.10and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006 |
---|
| 2795 | + | 84.11and subsequent years shall must not exceed the product of (1) the Metropolitan Council's |
---|
| 2796 | + | 84.12property tax levy limitation under this subdivision for the previous year, multiplied by (2) |
---|
| 2797 | + | 84.13one plus a percentage equal to the growth in the implicit price deflator as defined in section |
---|
| 2798 | + | 84.14275.70, subdivision 2. |
---|
| 2799 | + | 84.15 Subd. 4.State review.The commissioner of revenue shall must certify the council's |
---|
| 2800 | + | 84.16levy limitation under this section to the council by August 1 of the levy year. The council |
---|
| 2801 | + | 84.17must certify its proposed property tax levy to the commissioner of revenue by September |
---|
| 2802 | + | 84.181 of the levy year. The commissioner of revenue shall must annually determine whether the |
---|
| 2803 | + | 84.19property tax for the right-of-way acquisition loan fund certified by the Metropolitan Council |
---|
| 2804 | + | 84.20for levy following the adoption of its proposed budget is within the levy limitation imposed |
---|
| 2805 | + | 84.21by this section. The determination must be completed prior to September 10 of each year. |
---|
| 2806 | + | 84.22If current information regarding market valuation in any county is not transmitted to the |
---|
| 2807 | + | 84.23commissioner in a timely manner, the commissioner may estimate the current market |
---|
| 2808 | + | 84.24valuation within that county for purposes of making the calculation. |
---|
| 2809 | + | 84.25 Subd. 6.Council procedures.The council must develop procedures for implementing |
---|
| 2810 | + | 84.26this section, including but not limited to uses of funds, property disposition, repayment, and |
---|
| 2811 | + | 84.27other loan terms. |
---|
| 2812 | + | 84.28 EFFECTIVE DATE; APPLICABILITY.This act is effective July 1, 2025, and applies |
---|
| 2813 | + | 84.29in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. |
---|
| 2814 | + | 84.30Sec. 34. Minnesota Statutes 2024, section 473.355, subdivision 2, is amended to read: |
---|
| 2815 | + | 84.31 Subd. 2.Grants.(a) The Metropolitan Council must establish a grant program to provide |
---|
| 2816 | + | 84.32grants to cities, counties, townships, Tribal governments, and implementing agencies for |
---|
| 2817 | + | 84.33the following purposes: |
---|
| 2818 | + | 84.34 (1) removing and planting shade trees on public land to provide environmental benefits; |
---|
| 2819 | + | 84Article 2 Sec. 34. |
---|
| 2820 | + | REVISOR CKM/KR 25-0250602/10/25 85.1 (2) replacing trees lost to forest pests, disease, or storms; and |
---|
| 2821 | + | 85.2 (3) establishing a more diverse community forest better able to withstand disease and |
---|
| 2822 | + | 85.3forest pests. |
---|
| 2823 | + | 85.4 (b) Any tree planted with money granted under this section must be a climate-adapted |
---|
| 2824 | + | 85.5species to Minnesota. |
---|
| 2825 | + | 85.6 Sec. 35. Minnesota Statutes 2024, section 473.5491, subdivision 1, is amended to read: |
---|
| 2826 | + | 85.7 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
---|
| 2827 | + | 85.8the meanings given. |
---|
| 2828 | + | 85.9 (b) "Affordability criteria" means an inflow and infiltration project service area that is |
---|
| 2829 | + | 85.10located, in whole or in part, in a census tract where at least three of the following apply as |
---|
| 2830 | + | 85.11determined using the most recently published data from the United States Census Bureau |
---|
| 2831 | + | 85.12or United States Centers for Disease Control and Prevention: where any part of the |
---|
| 2832 | + | 85.13construction location falls within a census tract with a supplemental demographic index |
---|
| 2833 | + | 85.14score in the 70th percentile or higher within the state. |
---|
| 2834 | + | 85.15 (1) 20 percent or more of the residents have income below the federal poverty thresholds; |
---|
| 2835 | + | 85.16 (2) the tract has a United States Centers for Disease Control and Prevention Social |
---|
| 2836 | + | 85.17Vulnerability Index greater than 0.80; |
---|
| 2837 | + | 85.18 (3) the upper limit of the lowest quintile of household income is less than the state upper |
---|
| 2838 | + | 85.19limit of the lowest quintile; |
---|
| 2839 | + | 85.20 (4) the housing vacancy rate is greater than the state average; or |
---|
| 2840 | + | 85.21 (5) the percent of the population receiving Supplemental Nutrition Assistance Program |
---|
| 2841 | + | 85.22(SNAP) benefits is greater than the state average. |
---|
| 2842 | + | 85.23 (c) "Supplemental demographic index" means an index in the Environmental Justice |
---|
| 2843 | + | 85.24Screening and Mapping Tool developed by the United States Environmental Protection |
---|
| 2844 | + | 85.25Agency that is based on socioeconomic indicators, including low income, unemployment, |
---|
| 2845 | + | 85.26less than high school education, limited English speaking, and low life expectancy. |
---|
| 2846 | + | 85.27 (c) (d) "City" means a statutory or home rule charter city located within the metropolitan |
---|
| 2847 | + | 85.28area. |
---|
| 2848 | + | 85.29Sec. 36. Laws 2023, chapter 60, article 1, section 2, subdivision 2, is amended to read: |
---|
| 2849 | + | 72,785,00079,311,00085.30Subd. 2.Environmental Analysis and Outcomes |
---|
| 2850 | + | 85Article 2 Sec. 36. |
---|
| 2851 | + | REVISOR CKM/KR 25-0250602/10/25 86.1 Appropriations by Fund |
---|
| 2852 | + | 202586.2 2024 |
---|
| 2853 | + | 53,047,00060,103,00086.3General |
---|
| 2854 | + | 19,533,00018,959,00086.4Environmental |
---|
| 2855 | + | 205,000249,00086.5Remediation |
---|
| 2856 | + | 86.6(a) $122,000 the first year and $125,000 the |
---|
| 2857 | + | 86.7second year are from the general fund for: |
---|
| 2858 | + | 86.8(1) a municipal liaison to assist municipalities |
---|
| 2859 | + | 86.9in implementing and participating in the |
---|
| 2860 | + | 86.10rulemaking process for water quality standards |
---|
| 2861 | + | 86.11and navigating the NPDES/SDS permitting |
---|
| 2862 | + | 86.12process; |
---|
| 2863 | + | 86.13(2) enhanced economic analysis in the |
---|
| 2864 | + | 86.14rulemaking process for water quality |
---|
| 2865 | + | 86.15standards, including more-specific analysis |
---|
| 2866 | + | 86.16and identification of cost-effective permitting; |
---|
| 2867 | + | 86.17(3) developing statewide economic analyses |
---|
| 2868 | + | 86.18and templates to reduce the amount of |
---|
| 2869 | + | 86.19information and time required for |
---|
| 2870 | + | 86.20municipalities to apply for variances from |
---|
| 2871 | + | 86.21water quality standards; and |
---|
| 2872 | + | 86.22(4) coordinating with the Public Facilities |
---|
| 2873 | + | 86.23Authority to identify and advocate for the |
---|
| 2874 | + | 86.24resources needed for urban, suburban, and |
---|
| 2875 | + | 86.25Greater Minnesota municipalities to achieve |
---|
| 2876 | + | 86.26permit requirements. |
---|
| 2877 | + | 86.27(b) $216,000 the first year and $219,000 the |
---|
| 2878 | + | 86.28second year are from the environmental fund |
---|
| 2879 | + | 86.29for a monitoring program under Minnesota |
---|
| 2880 | + | 86.30Statutes, section 116.454. |
---|
| 2881 | + | 86.31(c) $132,000 the first year and $137,000 the |
---|
| 2882 | + | 86.32second year are for monitoring water quality |
---|
| 2883 | + | 86.33and operating assistance programs. |
---|
| 2884 | + | 86Article 2 Sec. 36. |
---|
| 2885 | + | REVISOR CKM/KR 25-0250602/10/25 87.1(d) $390,000 the first year and $399,000 the |
---|
| 2886 | + | 87.2second year are from the environmental fund |
---|
| 2887 | + | 87.3for monitoring ambient air for hazardous |
---|
| 2888 | + | 87.4pollutants. |
---|
| 2889 | + | 87.5(e) $106,000 the first year and $109,000 the |
---|
| 2890 | + | 87.6second year are from the environmental fund |
---|
| 2891 | + | 87.7for duties related to harmful chemicals in |
---|
| 2892 | + | 87.8children's products under Minnesota Statutes, |
---|
| 2893 | + | 87.9sections 116.9401 to 116.9407. Of this |
---|
| 2894 | + | 87.10amount, $68,000 the first year and $70,000 |
---|
| 2895 | + | 87.11the second year are transferred to the |
---|
| 2896 | + | 87.12commissioner of health. |
---|
| 2897 | + | 87.13(f) $128,000 the first year and $132,000 the |
---|
| 2898 | + | 87.14second year are from the environmental fund |
---|
| 2899 | + | 87.15for registering wastewater laboratories. |
---|
| 2900 | + | 87.16(g) $1,492,000 the first year and $1,519,000 |
---|
| 2901 | + | 87.17the second year are from the environmental |
---|
| 2902 | + | 87.18fund to continue perfluorochemical |
---|
| 2903 | + | 87.19biomonitoring in eastern metropolitan |
---|
| 2904 | + | 87.20communities, as recommended by the |
---|
| 2905 | + | 87.21Environmental Health Tracking and |
---|
| 2906 | + | 87.22Biomonitoring Advisory Panel, and to address |
---|
| 2907 | + | 87.23other environmental health risks, including air |
---|
| 2908 | + | 87.24quality. The communities must include Hmong |
---|
| 2909 | + | 87.25and other immigrant farming communities. |
---|
| 2910 | + | 87.26Of this amount, up to $1,226,000 the first year |
---|
| 2911 | + | 87.27and $1,248,000 the second year are for transfer |
---|
| 2912 | + | 87.28to the commissioner of health. |
---|
| 2913 | + | 87.29(h) $61,000 the first year and $62,000 the |
---|
| 2914 | + | 87.30second year are from the environmental fund |
---|
| 2915 | + | 87.31for the listing procedures for impaired waters |
---|
| 2916 | + | 87.32required under this act. |
---|
| 2917 | + | 87.33(i) $72,000 the first year and $74,000 the |
---|
| 2918 | + | 87.34second year are from the remediation fund for |
---|
| 2919 | + | 87Article 2 Sec. 36. |
---|
| 2920 | + | REVISOR CKM/KR 25-0250602/10/25 88.1the leaking underground storage tank program |
---|
| 2921 | + | 88.2to investigate, clean up, and prevent future |
---|
| 2922 | + | 88.3releases from underground petroleum storage |
---|
| 2923 | + | 88.4tanks and for the petroleum remediation |
---|
| 2924 | + | 88.5program for vapor assessment and |
---|
| 2925 | + | 88.6remediation. These same annual amounts are |
---|
| 2926 | + | 88.7transferred from the petroleum tank fund to |
---|
| 2927 | + | 88.8the remediation fund. |
---|
| 2928 | + | 88.9(j) $500,000 the first year is to facilitate the |
---|
| 2929 | + | 88.10collaboration and modeling of greenhouse gas |
---|
| 2930 | + | 88.11impacts, costs, and benefits of strategies to |
---|
| 2931 | + | 88.12reduce statewide greenhouse gas emissions. |
---|
| 2932 | + | 88.13This is a onetime appropriation. |
---|
| 2933 | + | 88.14(k) $50,266,000 the first year and $50,270,000 |
---|
| 2934 | + | 88.15the second year are to establish and implement |
---|
| 2935 | + | 88.16a local government climate resiliency and |
---|
| 2936 | + | 88.17water infrastructure grant program for local |
---|
| 2937 | + | 88.18governmental units and Tribal governments. |
---|
| 2938 | + | 88.19Of this amount, $49,100,000 each year is for |
---|
| 2939 | + | 88.20grants to support communities in planning and |
---|
| 2940 | + | 88.21implementing projects that will allow for |
---|
| 2941 | + | 88.22adaptation for a changing climate. At least 40 |
---|
| 2942 | + | 88.23percent of the money granted under this |
---|
| 2943 | + | 88.24paragraph must be for projects in areas that |
---|
| 2944 | + | 88.25meet environmental justice criteria. By |
---|
| 2945 | + | 88.26December 30, 2027, the commissioner must |
---|
| 2946 | + | 88.27submit a report on the use of grant money to |
---|
| 2947 | + | 88.28the chairs and ranking minority members of |
---|
| 2948 | + | 88.29the legislative committees with jurisdiction |
---|
| 2949 | + | 88.30over environment and natural resources |
---|
| 2950 | + | 88.31finance. This appropriation is available until |
---|
| 2951 | + | 88.32June 30, 2027. The base for this appropriation |
---|
| 2952 | + | 88.33in fiscal year 2026 and beyond is $270,000. |
---|
| 2953 | + | 88Article 2 Sec. 36. |
---|
| 2954 | + | REVISOR CKM/KR 25-0250602/10/25 89.1(l) $75,000 the first year is for a grant to the |
---|
| 2955 | + | 89.2city of Fergus Falls to address water-quality |
---|
| 2956 | + | 89.3concerns at Lake Alice. |
---|
| 2957 | + | 89.4(m) $150,000 the first year is for a grant to |
---|
| 2958 | + | 89.5Rice County to address water-quality concerns |
---|
| 2959 | + | 89.6at French Lake. |
---|
| 2960 | + | 89.7(n) $75,000 the first year is for a grant to |
---|
| 2961 | + | 89.8Ramsey County to address water-quality |
---|
| 2962 | + | 89.9concerns at Round Lake. |
---|
| 2963 | + | 89.10(o) Recipients of money appropriated in |
---|
| 2964 | + | 89.11paragraphs (l), (m), and (n) may use the grants |
---|
| 2965 | + | 89.12to contract for water-quality improvement |
---|
| 2966 | + | 89.13services, testing, necessary infrastructure, |
---|
| 2967 | + | 89.14training, and maintenance. |
---|
| 2968 | + | 89.15(p) $2,070,000 the first year and $2,070,000 |
---|
| 2969 | + | 89.16the second year are from the environmental |
---|
| 2970 | + | 89.17fund to develop and implement a program |
---|
| 2971 | + | 89.18related to emerging issues, including |
---|
| 2972 | + | 89.19Minnesota's PFAS Blueprint. |
---|
| 2973 | + | 89.20(q) $1,820,000 the first year and $1,820,000 |
---|
| 2974 | + | 89.21the second year are from the environmental |
---|
| 2975 | + | 89.22fund to support improved management of data |
---|
| 2976 | + | 89.23collected by the agency and its partners and |
---|
| 2977 | + | 89.24regulated parties to facilitate decision-making |
---|
| 2978 | + | 89.25and public access. |
---|
| 2979 | + | 89.26(r) $500,000 the first year is from the general |
---|
| 2980 | + | 89.27fund for the report on firefighter turnout gear |
---|
| 2981 | + | 89.28and biomonitoring required under this act. Of |
---|
| 2982 | + | 89.29this amount, up to $250,000 $425,000 may be |
---|
| 2983 | + | 89.30transferred to the commissioner of health for |
---|
| 2984 | + | 89.31biomonitoring of firefighters. This |
---|
| 2985 | + | 89.32appropriation is available until June 30, 2027. |
---|
| 2986 | + | 89.33(s) $500,000 the first year is to develop |
---|
| 2987 | + | 89.34protocols to be used by agencies and |
---|
| 2988 | + | 89Article 2 Sec. 36. |
---|
| 2989 | + | REVISOR CKM/KR 25-0250602/10/25 90.1departments for sampling and testing |
---|
| 2990 | + | 90.2groundwater, surface water, public drinking |
---|
| 2991 | + | 90.3water, and private wells for microplastics and |
---|
| 2992 | + | 90.4nanoplastics and to begin implementation. The |
---|
| 2993 | + | 90.5commissioner of the Pollution Control Agency |
---|
| 2994 | + | 90.6may transfer money appropriated under this |
---|
| 2995 | + | 90.7paragraph to the commissioners of agriculture, |
---|
| 2996 | + | 90.8natural resources, and health to implement the |
---|
| 2997 | + | 90.9protocols developed. This is a onetime |
---|
| 2998 | + | 90.10appropriation and is available until June 30, |
---|
| 2999 | + | 90.112025. |
---|
| 3000 | + | 90.12(t) $50,000 the first year is from the |
---|
| 3001 | + | 90.13remediation fund for the work group on PFAS |
---|
| 3002 | + | 90.14manufacturer fees and report required under |
---|
| 3003 | + | 90.15this act. |
---|
| 3004 | + | 90.16(u) $387,000 the first year and $90,000 the |
---|
| 3005 | + | 90.17second year are to develop and implement the |
---|
| 3006 | + | 90.18requirements for fish kills under Minnesota |
---|
| 3007 | + | 90.19Statutes, sections 103G.216 and 103G.2165. |
---|
| 3008 | + | 90.20Of this amount, up to $331,000 the first year |
---|
| 3009 | + | 90.21and $90,000 the second year may be |
---|
| 3010 | + | 90.22transferred to the commissioners of health, |
---|
| 3011 | + | 90.23natural resources, agriculture, and public |
---|
| 3012 | + | 90.24safety and to the Board of Regents of the |
---|
| 3013 | + | 90.25University of Minnesota as necessary to |
---|
| 3014 | + | 90.26implement those sections. The base for this |
---|
| 3015 | + | 90.27appropriation for fiscal year 2026 and beyond |
---|
| 3016 | + | 90.28is $7,000. |
---|
| 3017 | + | 90.29(v) $63,000 the first year and $92,000 the |
---|
| 3018 | + | 90.30second year are for transfer to the |
---|
| 3019 | + | 90.31commissioner of health for amending the |
---|
| 3020 | + | 90.32health risk limit for PFOS. This is a onetime |
---|
| 3021 | + | 90.33appropriation and is available until June 30, |
---|
| 3022 | + | 90.342026. |
---|
| 3023 | + | 90Article 2 Sec. 36. |
---|
| 3024 | + | REVISOR CKM/KR 25-0250602/10/25 91.1(w) $5,000,000 the first year is for community |
---|
| 3025 | + | 91.2air-monitoring grants as provided in this act. |
---|
| 3026 | + | 91.3This is a onetime appropriation and is |
---|
| 3027 | + | 91.4available until June 30, 2027. |
---|
| 3028 | + | 91.5(x) $2,333,000 the first year and $2,333,000 |
---|
| 3029 | + | 91.6the second year are to adopt rules and |
---|
| 3030 | + | 91.7implement air toxics emissions requirements |
---|
| 3031 | + | 91.8under Minnesota Statutes, section 116.062. |
---|
| 3032 | + | 91.9The general fund appropriations are onetime |
---|
| 3033 | + | 91.10and are available until June 30, 2027. The base |
---|
| 3034 | + | 91.11for this appropriation is $0 in fiscal year 2026 |
---|
| 3035 | + | 91.12and $1,400,000 from the environmental fund |
---|
| 3036 | + | 91.13in fiscal year 2027 and beyond. |
---|
| 3037 | + | 91.14 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
| 3038 | + | 91.15Sec. 37. Laws 2023, chapter 60, article 1, section 2, subdivision 7, is amended to read: |
---|
| 3039 | + | 57,974,00082,000,00091.16Subd. 7.Resource Management and Assistance |
---|
| 3040 | + | 91.17 Appropriations by Fund |
---|
| 3041 | + | 202591.18 2024 |
---|
| 3042 | + | 13,850,00038,464,00091.19General |
---|
| 3043 | + | 44,124,00043,536,00091.20Environmental |
---|
| 3044 | + | 91.21(a) Up to $150,000 the first year and $150,000 |
---|
| 3045 | + | 91.22the second year may be transferred from the |
---|
| 3046 | + | 91.23environmental fund to the small business |
---|
| 3047 | + | 91.24environmental improvement loan account |
---|
| 3048 | + | 91.25under Minnesota Statutes, section 116.993. |
---|
| 3049 | + | 91.26(b) $1,000,000 the first year and $1,000,000 |
---|
| 3050 | + | 91.27the second year are for competitive recycling |
---|
| 3051 | + | 91.28grants under Minnesota Statutes, section |
---|
| 3052 | + | 91.29115A.565. Of this amount, $300,000 the first |
---|
| 3053 | + | 91.30year and $300,000 the second year are from |
---|
| 3054 | + | 91.31the general fund, and $700,000 the first year |
---|
| 3055 | + | 91.32and $700,000 the second year are from the |
---|
| 3056 | + | 91Article 2 Sec. 37. |
---|
| 3057 | + | REVISOR CKM/KR 25-0250602/10/25 92.1environmental fund. This appropriation is |
---|
| 3058 | + | 92.2available until June 30, 2027. |
---|
| 3059 | + | 92.3(c) $694,000 the first year and $694,000 the |
---|
| 3060 | + | 92.4second year are from the environmental fund |
---|
| 3061 | + | 92.5for emission-reduction activities and grants to |
---|
| 3062 | + | 92.6small businesses and other |
---|
| 3063 | + | 92.7nonpoint-emission-reduction efforts. Of this |
---|
| 3064 | + | 92.8amount, $100,000 the first year and $100,000 |
---|
| 3065 | + | 92.9the second year are to continue work with |
---|
| 3066 | + | 92.10Clean Air Minnesota, and the commissioner |
---|
| 3067 | + | 92.11may enter into an agreement with |
---|
| 3068 | + | 92.12Environmental Initiative to support this effort. |
---|
| 3069 | + | 92.13(d) $18,450,000 the first year and $18,450,000 |
---|
| 3070 | + | 92.14the second year are from the environmental |
---|
| 3071 | + | 92.15fund for SCORE block grants to counties. |
---|
| 3072 | + | 92.16(e) $119,000 the first year and $119,000 the |
---|
| 3073 | + | 92.17second year are from the environmental fund |
---|
| 3074 | + | 92.18for environmental assistance grants or loans |
---|
| 3075 | + | 92.19under Minnesota Statutes, section 115A.0716. |
---|
| 3076 | + | 92.20(f) $400,000 the first year and $400,000 the |
---|
| 3077 | + | 92.21second year are from the environmental fund |
---|
| 3078 | + | 92.22for grants to develop and expand recycling |
---|
| 3079 | + | 92.23markets for Minnesota businesses. This |
---|
| 3080 | + | 92.24appropriation is available until June 30, 2027. |
---|
| 3081 | + | 92.25(g) $767,000 the first year and $770,000 the |
---|
| 3082 | + | 92.26second year are from the environmental fund |
---|
| 3083 | + | 92.27for reducing and diverting food waste, |
---|
| 3084 | + | 92.28redirecting edible food for consumption, and |
---|
| 3085 | + | 92.29removing barriers to collecting and recovering |
---|
| 3086 | + | 92.30organic waste. Of this amount, $500,000 each |
---|
| 3087 | + | 92.31year is for grants to increase food rescue and |
---|
| 3088 | + | 92.32waste prevention. This appropriation is |
---|
| 3089 | + | 92.33available until June 30, 2027. |
---|
| 3090 | + | 92Article 2 Sec. 37. |
---|
| 3091 | + | REVISOR CKM/KR 25-0250602/10/25 93.1(h) $2,797,000 the first year and $2,811,000 |
---|
| 3092 | + | 93.2the second year are from the environmental |
---|
| 3093 | + | 93.3fund for the purposes of Minnesota Statutes, |
---|
| 3094 | + | 93.4section 473.844. |
---|
| 3095 | + | 93.5(i) $318,000 the first year and $324,000 the |
---|
| 3096 | + | 93.6second year are from the environmental fund |
---|
| 3097 | + | 93.7to address chemicals in products, including to |
---|
| 3098 | + | 93.8implement and enforce flame retardant |
---|
| 3099 | + | 93.9provisions under Minnesota Statutes, section |
---|
| 3100 | + | 93.10325F.071, and perfluoroalkyl and |
---|
| 3101 | + | 93.11polyfluoroalkyl substances in food packaging |
---|
| 3102 | + | 93.12provisions under Minnesota Statutes, section |
---|
| 3103 | + | 93.13325F.075. Of this amount, $78,000 the first |
---|
| 3104 | + | 93.14year and $80,000 the second year are |
---|
| 3105 | + | 93.15transferred to the commissioner of health. |
---|
| 3106 | + | 93.16(j) $180,000 the first year and $140,000 the |
---|
| 3107 | + | 93.17second year are for quantifying climate-related |
---|
| 3108 | + | 93.18impacts from projects for environmental |
---|
| 3109 | + | 93.19review. This is a onetime appropriation. This |
---|
| 3110 | + | 93.20appropriation is available until June 30, 2026. |
---|
| 3111 | + | 93.21(k) $1,790,000 the first year and $70,000 the |
---|
| 3112 | + | 93.22second year are for accelerating pollution |
---|
| 3113 | + | 93.23prevention at small businesses. Of this amount, |
---|
| 3114 | + | 93.24$1,720,000 the first year is for transfer to the |
---|
| 3115 | + | 93.25environmental fund for zero-interest loans |
---|
| 3116 | + | 93.26under Minnesota Statutes, section 116.993, to |
---|
| 3117 | + | 93.27phase out high-polluting equipment, products, |
---|
| 3118 | + | 93.28and processes and replace with new options. |
---|
| 3119 | + | 93.29This appropriation is available until June 30, |
---|
| 3120 | + | 93.302027. This is a onetime appropriation. |
---|
| 3121 | + | 93.31(l) $190,000 the first year and $190,000 the |
---|
| 3122 | + | 93.32second year are to support the Greenstep Cities |
---|
| 3123 | + | 93.33program. This is a onetime appropriation. This |
---|
| 3124 | + | 93.34appropriation is available until June 30, 2026. |
---|
| 3125 | + | 93Article 2 Sec. 37. |
---|
| 3126 | + | REVISOR CKM/KR 25-0250602/10/25 94.1(m) $420,000 the first year is to complete a |
---|
| 3127 | + | 94.2study on the viability of recycling solar energy |
---|
| 3128 | + | 94.3equipment. This is a onetime appropriation |
---|
| 3129 | + | 94.4and is available until June 30, 2026. |
---|
| 3130 | + | 94.5(n) $650,000 the first year and $650,000 the |
---|
| 3131 | + | 94.6second year are from the environmental fund |
---|
| 3132 | + | 94.7for Minnesota GreenCorps investment. |
---|
| 3133 | + | 94.8(o) $4,210,000 the first year and $210,000 the |
---|
| 3134 | + | 94.9second year are for PFAS reduction grants. |
---|
| 3135 | + | 94.10Of this amount, $4,000,000 the first year is |
---|
| 3136 | + | 94.11for grants to industry and public entities to |
---|
| 3137 | + | 94.12identify sources of PFAS entering facilities |
---|
| 3138 | + | 94.13and to develop pollution prevention and |
---|
| 3139 | + | 94.14reduction initiatives to reduce PFAS entering |
---|
| 3140 | + | 94.15facilities, prevent releases, and monitor the |
---|
| 3141 | + | 94.16effectiveness of these projects. Priority must |
---|
| 3142 | + | 94.17be given to projects in underserved |
---|
| 3143 | + | 94.18communities. This is a onetime appropriation |
---|
| 3144 | + | 94.19and is available until June 30, 2027. |
---|
| 3145 | + | 94.20(p) $12,940,000 the first year and $12,940,000 |
---|
| 3146 | + | 94.21the second year are for a waste prevention and |
---|
| 3147 | + | 94.22reduction grants and loan program. This is a |
---|
| 3148 | + | 94.23onetime appropriation and is available until |
---|
| 3149 | + | 94.24June 30, 2027. Of this amount in the first year, |
---|
| 3150 | + | 94.25$7,950,000 is for waste prevention and |
---|
| 3151 | + | 94.26reduction grants and loans and $3,000,000 is |
---|
| 3152 | + | 94.27for a grant to the owner of a biomass energy |
---|
| 3153 | + | 94.28generation plant in Shakopee that uses waste |
---|
| 3154 | + | 94.29heat from the generation of electricity in the |
---|
| 3155 | + | 94.30malting process to purchase a wood dehydrator |
---|
| 3156 | + | 94.31to facilitate disposal of wood that is infested |
---|
| 3157 | + | 94.32by the emerald ash borer. Of this amount in |
---|
| 3158 | + | 94.33the second year, $10,950,000 is for waste |
---|
| 3159 | + | 94.34prevention and reduction grants and loans, |
---|
| 3160 | + | 94.35including $1,000,000 for transfer to the |
---|
| 3161 | + | 94Article 2 Sec. 37. |
---|
| 3162 | + | REVISOR CKM/KR 25-0250602/10/25 95.1environmental fund for the purposes of |
---|
| 3163 | + | 95.2Minnesota Statutes, section 115A.0716. By |
---|
| 3164 | + | 95.3October 1, 2024, the commissioner of the |
---|
| 3165 | + | 95.4Pollution Control Agency must report to the |
---|
| 3166 | + | 95.5chairs and ranking minority members of the |
---|
| 3167 | + | 95.6legislative committees and divisions with |
---|
| 3168 | + | 95.7jurisdiction over environment and natural |
---|
| 3169 | + | 95.8resources on the use of money appropriated |
---|
| 3170 | + | 95.9for the wood dehydrator under this paragraph. |
---|
| 3171 | + | 95.10(q) $16,562,000 the first year is for grants to |
---|
| 3172 | + | 95.11a Minnesota nonprofit corporation that owns |
---|
| 3173 | + | 95.12a cogeneration facility that serves a St. Paul |
---|
| 3174 | + | 95.13district heating and cooling system to preserve |
---|
| 3175 | + | 95.14existing biomass energy infrastructure for |
---|
| 3176 | + | 95.15purposes of local and regional emerald ash |
---|
| 3177 | + | 95.16borer response efforts. The commissioner of |
---|
| 3178 | + | 95.17the Pollution Control Agency may require the |
---|
| 3179 | + | 95.18nonprofit corporation to charge a fee per ton |
---|
| 3180 | + | 95.19of wood waste delivered to the facility. This |
---|
| 3181 | + | 95.20is a onetime appropriation and is available |
---|
| 3182 | + | 95.21until June 30, 2030. |
---|
| 3183 | + | 95.22(r) $1,163,000 the first year and $1,115,000 |
---|
| 3184 | + | 95.23the second year are from the environmental |
---|
| 3185 | + | 95.24fund for rulemaking and implementation of |
---|
| 3186 | + | 95.25the new PFAS requirements under Minnesota |
---|
| 3187 | + | 95.26Statutes, section 116.943. Of this amount, |
---|
| 3188 | + | 95.27$312,000 the first year and $468,000 the |
---|
| 3189 | + | 95.28second year are for transfer to the |
---|
| 3190 | + | 95.29commissioner of health. |
---|
| 3191 | + | 95.30(s) $680,000 the first year is for the resource |
---|
| 3192 | + | 95.31management report required in this act. This |
---|
| 3193 | + | 95.32is a onetime appropriation and is available |
---|
| 3194 | + | 95.33until June 30, 2026. |
---|
| 3195 | + | 95.34(t) $35,000 the second year is from the |
---|
| 3196 | + | 95.35environmental fund for the compostable |
---|
| 3197 | + | 95Article 2 Sec. 37. |
---|
| 3198 | + | REVISOR CKM/KR 25-0250602/10/25 96.1labeling requirements under Minnesota |
---|
| 3199 | + | 96.2Statutes, section 325E.046. The base for this |
---|
| 3200 | + | 96.3appropriation in fiscal year 2026 and beyond |
---|
| 3201 | + | 96.4is $68,000 from the environmental fund. |
---|
| 3202 | + | 96.5(u) $175,000 the first year is for the |
---|
| 3203 | + | 96.6rulemaking required under this act providing |
---|
| 3204 | + | 96.7for the safe and lawful disposal of waste |
---|
| 3205 | + | 96.8treated seed. This appropriation is available |
---|
| 3206 | + | 96.9until June 30, 2025. |
---|
| 3207 | + | 96.10(v) $1,000,000 the first year is for a lead tackle |
---|
| 3208 | + | 96.11reduction program that provides outreach, |
---|
| 3209 | + | 96.12education, and opportunities to safely dispose |
---|
| 3210 | + | 96.13of and exchange lead tackle throughout the |
---|
| 3211 | + | 96.14state. This is a onetime appropriation and is |
---|
| 3212 | + | 96.15available until June 30, 2027. |
---|
| 3213 | + | 96.16(w) $17,000 the first year is for rulemaking |
---|
| 3214 | + | 96.17for the capital assistance program. This is a |
---|
| 3215 | + | 96.18onetime appropriation. |
---|
| 3216 | + | 96.19(x) Any unencumbered grant and loan |
---|
| 3217 | + | 96.20balances in the first year do not cancel but are |
---|
| 3218 | + | 96.21available for grants and loans in the second |
---|
| 3219 | + | 96.22year. Notwithstanding Minnesota Statutes, |
---|
| 3220 | + | 96.23section 16A.28, the appropriations |
---|
| 3221 | + | 96.24encumbered on or before June 30, 2025, as |
---|
| 3222 | + | 96.25contracts or grants for environmental |
---|
| 3223 | + | 96.26assistance awarded under Minnesota Statutes, |
---|
| 3224 | + | 96.27section 115A.0716; technical and research |
---|
| 3225 | + | 96.28assistance under Minnesota Statutes, section |
---|
| 3226 | + | 96.29115A.152; technical assistance under |
---|
| 3227 | + | 96.30Minnesota Statutes, section 115A.52; and |
---|
| 3228 | + | 96.31pollution prevention assistance under |
---|
| 3229 | + | 96.32Minnesota Statutes, section 115D.04, are |
---|
| 3230 | + | 96.33available until June 30, 2027. |
---|
| 3231 | + | 96.34 EFFECTIVE DATE.This section is effective retroactively from July 1, 2023. |
---|
| 3232 | + | 96Article 2 Sec. 37. |
---|
| 3233 | + | REVISOR CKM/KR 25-0250602/10/25 97.1 Sec. 38. REPEALER. |
---|
| 3234 | + | 97.2 Minnesota Statutes 2024, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, |
---|
| 3235 | + | 97.311, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, and 20; 115A.1312; 115A.1314; 115A.1316; |
---|
| 3236 | + | 97.4115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; |
---|
| 3237 | + | 97.5115A.1330; 115A.9155; 115A.9157, subdivisions 1, 2, 3, 5, 6, 7, 8, and 9; 115A.961, |
---|
| 3238 | + | 97.6subdivisions 1, 2, and 3; 325E.125; and 325E.1251, are repealed. |
---|
| 3239 | + | 97.7 EFFECTIVE DATE.This section is effective January 1, 2027. |
---|
| 3240 | + | 97Article 2 Sec. 38. |
---|
| 3241 | + | REVISOR CKM/KR 25-0250602/10/25 Page.Ln 1.25APPROPRIATIONS...............................................................................ARTICLE 1 |
---|
| 3242 | + | Page.Ln 33.21ENVIRONMENT AND NATURAL RESOURCES POLICY..............ARTICLE 2 |
---|
2027 | | - | Article locations for H2439-1 |
---|
| 3245 | + | Article locations for 25-02506 115A.1310 DEFINITIONS. |
---|
| 3246 | + | Subdivision 1.Scope.For the purposes of sections 115A.1310 to 115A.1330, the following |
---|
| 3247 | + | terms have the meanings given. |
---|
| 3248 | + | Subd. 2.Cathode-ray tube or CRT."Cathode-ray tube" or "CRT" means a vacuum tube or |
---|
| 3249 | + | picture tube used to convert an electronic signal into a visual image. |
---|
| 3250 | + | Subd. 3.Collection."Collection" means the aggregation of covered electronic devices from |
---|
| 3251 | + | households and includes all the activities up to the time the covered electronic devices are delivered |
---|
| 3252 | + | to a recycler. |
---|
| 3253 | + | Subd. 4.Collector."Collector" means a public or private entity that receives covered electronic |
---|
| 3254 | + | devices from households and arranges for the delivery of the devices to a recycler. |
---|
| 3255 | + | Subd. 5.Computer."Computer" means an electronic, magnetic, optical, electrochemical, or |
---|
| 3256 | + | other high-speed data processing device performing logical, arithmetic, or storage functions, but |
---|
| 3257 | + | does not include an automated typewriter or typesetter, a portable handheld calculator or device, |
---|
| 3258 | + | or other similar device. |
---|
| 3259 | + | Subd. 6.Computer monitor."Computer monitor" means an electronic device that is a |
---|
| 3260 | + | cathode-ray tube or flat panel display primarily intended to display information from a central |
---|
| 3261 | + | processing unit or the Internet. |
---|
| 3262 | + | Subd. 7.Covered electronic device."Covered electronic device" means computers, including |
---|
| 3263 | + | tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette |
---|
| 3264 | + | recorders, and video display devices that are sold to a household by means of retail, wholesale, or |
---|
| 3265 | + | electronic commerce. |
---|
| 3266 | + | Subd. 8.Department."Department" means the Department of Revenue. |
---|
| 3267 | + | Subd. 9.Dwelling unit."Dwelling unit" has the meaning given in section 238.02, subdivision |
---|
| 3268 | + | 21a. |
---|
| 3269 | + | Subd. 10.Household."Household" means an occupant of a single detached dwelling unit or a |
---|
| 3270 | + | single unit of a multiple dwelling unit located in this state who has used a video display device at |
---|
| 3271 | + | a dwelling unit primarily for personal use. |
---|
| 3272 | + | Subd. 11.Manufacturer."Manufacturer" means a person who: |
---|
| 3273 | + | (1) manufactures video display devices to be sold under its own brand as identified by its own |
---|
| 3274 | + | brand label; or |
---|
| 3275 | + | (2) sells video display devices manufactured by others under its own brand as identified by its |
---|
| 3276 | + | own brand label. |
---|
| 3277 | + | Subd. 12.Peripheral."Peripheral" means a keyboard, printer, or any other device sold |
---|
| 3278 | + | exclusively for external use with a computer that provides input or output into or from a computer. |
---|
| 3279 | + | Subd. 12a.Phase I recycling credits."Phase I recycling credits" means the number of pounds |
---|
| 3280 | + | of covered electronic devices recycled by a manufacturer from households during program years |
---|
| 3281 | + | one through nine, less the product of the number of pounds of video display devices sold to |
---|
| 3282 | + | households during the same program year, multiplied by the proportion of sales a manufacturer is |
---|
| 3283 | + | required to recycle. |
---|
| 3284 | + | Subd. 12b.Phase II recycling credits."Phase II recycling credits" means an amount calculated |
---|
| 3285 | + | in a program year beginning July 1, 2019, and in each program year thereafter, according to the |
---|
| 3286 | + | formula (1.5 x A) - (B - C), where: |
---|
| 3287 | + | A = the number of pounds of covered electronic devices a manufacturer recycled or arranged |
---|
| 3288 | + | to have collected and recycled during a program year from households located outside the 11-county |
---|
| 3289 | + | metropolitan area, as defined in section 115A.1314, subdivision 2; |
---|
| 3290 | + | B = the manufacturer's recycling obligation calculated for the same program year in section |
---|
| 3291 | + | 115A.1320, subdivision 1, paragraph (g); and |
---|
| 3292 | + | C = the number of pounds of covered electronic devices a manufacturer recycled or arranged |
---|
| 3293 | + | to have collected and recycled, up to but not exceeding B, during the same program year from |
---|
| 3294 | + | households in the 11-county metropolitan area. |
---|
| 3295 | + | 1R |
---|
| 3296 | + | APPENDIX |
---|
| 3297 | + | Repealed Minnesota Statutes: 25-02506 Subd. 12c.Portable battery."Portable battery" means a rechargeable battery as defined in |
---|
| 3298 | + | section 115A.9157. |
---|
| 3299 | + | Subd. 13.Program year."Program year" means the period from July 1 through June 30. |
---|
| 3300 | + | Subd. 14.Recycler."Recycler" means a public or private individual or entity who accepts |
---|
| 3301 | + | covered electronic devices from households and collectors for the purpose of recycling. A |
---|
| 3302 | + | manufacturer who takes products for refurbishment or repair is not a recycler. |
---|
| 3303 | + | Subd. 15.Recycling."Recycling" means the process of collecting and preparing video display |
---|
| 3304 | + | devices or covered electronic devices for use in manufacturing processes or for recovery of usable |
---|
| 3305 | + | materials followed by delivery of such materials for use. Recycling does not include the destruction |
---|
| 3306 | + | by incineration or other process or land disposal of recyclable materials nor reuse, repair, or any |
---|
| 3307 | + | other process through which video display devices or covered electronic devices are returned to |
---|
| 3308 | + | use for households in their original form. |
---|
| 3309 | + | Subd. 17.Retailer."Retailer" means a person who sells, rents, or leases, through sales outlets, |
---|
| 3310 | + | catalogs, or the Internet, a video display device to a household and not for resale in any form. |
---|
| 3311 | + | Subd. 18.Sell or sale."Sell" or "sale" means any transfer for consideration of title or of the |
---|
| 3312 | + | right to use, by lease or sales contract, including, but not limited to, transactions conducted through |
---|
| 3313 | + | sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside |
---|
| 3314 | + | of the state, by a person who conducts the transaction and controls the delivery of a video display |
---|
| 3315 | + | device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale |
---|
| 3316 | + | transaction with a distributor or a retailer. |
---|
| 3317 | + | Subd. 19.Television."Television" means an electronic device that is a cathode-ray tube or flat |
---|
| 3318 | + | panel display primarily intended to receive video programming via broadcast, cable, or satellite |
---|
| 3319 | + | transmission or video from surveillance or other similar cameras. |
---|
| 3320 | + | Subd. 20.Video display device."Video display device" means a television or computer monitor |
---|
| 3321 | + | that contains a cathode-ray tube or a flat panel screen that is marketed by manufacturers for use by |
---|
| 3322 | + | households. Video display device does not include any of the following: |
---|
| 3323 | + | (1) a video display device that is part of a motor vehicle or any component part of a motor |
---|
| 3324 | + | vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement |
---|
| 3325 | + | parts for use in a motor vehicle; |
---|
| 3326 | + | (2) a video display device, including a touch-screen display, that is functionally or physically |
---|
| 3327 | + | part of a larger piece of equipment or is designed and intended for use in an industrial; commercial, |
---|
| 3328 | + | including retail; library checkout; traffic control; kiosk; security, other than household security; |
---|
| 3329 | + | border control; or medical setting, including diagnostic, monitoring, or control equipment; |
---|
| 3330 | + | (3) a video display device that is contained within a clothes washer, clothes dryer, refrigerator, |
---|
| 3331 | + | refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air |
---|
| 3332 | + | conditioner, dehumidifier, or air purifier; or |
---|
| 3333 | + | (4) a telephone of any type. |
---|
| 3334 | + | 115A.1312 REGISTRATION PROGRAM. |
---|
| 3335 | + | Subdivision 1.Requirements for sale.(a) On or after September 1, 2007, a manufacturer must |
---|
| 3336 | + | not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless: |
---|
| 3337 | + | (1) the video display device is labeled with the manufacturer's brand, which label is permanently |
---|
| 3338 | + | affixed and readily visible; and |
---|
| 3339 | + | (2) the manufacturer has filed a registration with the agency, as specified in subdivision 2. |
---|
| 3340 | + | (b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video |
---|
| 3341 | + | display device is labeled according to this subdivision and listed as registered on the agency website |
---|
| 3342 | + | according to subdivision 2. |
---|
| 3343 | + | (c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's |
---|
| 3344 | + | registration expired or was revoked and the retailer took possession of the video display device |
---|
| 3345 | + | prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred |
---|
| 3346 | + | within six months after the expiration or revocation. |
---|
| 3347 | + | Subd. 2.Manufacturer registration.(a) By August 15 each year, a manufacturer of video |
---|
| 3348 | + | display devices sold or offered for sale to households in the state must submit a registration to the |
---|
| 3349 | + | agency that includes: |
---|
| 3350 | + | 2R |
---|
| 3351 | + | APPENDIX |
---|
| 3352 | + | Repealed Minnesota Statutes: 25-02506 (1) a list of the manufacturer's brands of video display devices offered for sale in this state; |
---|
| 3353 | + | (2) the name, address, and contact information of a person responsible for ensuring compliance |
---|
| 3354 | + | with this chapter; and |
---|
| 3355 | + | (3) a certification that the manufacturer has complied and will continue to comply with the |
---|
| 3356 | + | requirements of sections 115A.1312 to 115A.1318. |
---|
| 3357 | + | (b) A manufacturer of video display devices sold or offered for sale to a household must include |
---|
| 3358 | + | in the registration submitted under paragraph (a), a statement disclosing whether: |
---|
| 3359 | + | (1) any video display devices sold to households exceed the maximum concentration values |
---|
| 3360 | + | established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB's), |
---|
| 3361 | + | and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of certain |
---|
| 3362 | + | hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European |
---|
| 3363 | + | Parliament and Council and any amendments thereto; or |
---|
| 3364 | + | (2) the manufacturer has received an exemption from one or more of those maximum |
---|
| 3365 | + | concentration values under the RoHS Directive that has been approved and published by the European |
---|
| 3366 | + | Commission. |
---|
| 3367 | + | (c) A manufacturer who begins to sell or offer for sale video display devices to households after |
---|
| 3368 | + | August 15, 2016, and has not filed a registration under this subdivision must submit a registration |
---|
| 3369 | + | to the agency within ten days of beginning to sell or offer for sale video display devices to |
---|
| 3370 | + | households. |
---|
| 3371 | + | (d) A registration must be updated within ten days after a change in the manufacturer's brands |
---|
| 3372 | + | of video display devices sold or offered for sale to households. |
---|
| 3373 | + | (e) A registration is effective upon receipt by the agency and is valid until August 15 each year. |
---|
| 3374 | + | (f) The agency must review each registration and notify the manufacturer of any information |
---|
| 3375 | + | required by this section that is omitted from the registration. Within 30 days of receipt of a |
---|
| 3376 | + | notification from the agency, the manufacturer must submit a revised registration providing the |
---|
| 3377 | + | information noted by the agency. |
---|
| 3378 | + | (g) The agency must maintain on its website the names of manufacturers and the manufacturers' |
---|
| 3379 | + | brands listed in registrations filed with the agency. The agency must update the website information |
---|
| 3380 | + | promptly upon receipt of a new or updated registration. The website must contain prominent language |
---|
| 3381 | + | stating, in effect, that sections 115A.1310 to 115A.1330 are directed at household equipment and |
---|
| 3382 | + | the manufacturers' brands list is, therefore, not a list of manufacturers qualified to sell to industrial, |
---|
| 3383 | + | commercial, or other markets identified as exempt from the requirements of sections 115A.1310 |
---|
| 3384 | + | to 115A.1330. |
---|
| 3385 | + | Subd. 3.Collector registration.No person may operate as a collector of covered electronic |
---|
| 3386 | + | devices from households unless that person has submitted a registration with the agency by July |
---|
| 3387 | + | 15 each year on a form prescribed by the commissioner. Registration information must include the |
---|
| 3388 | + | name, address, telephone number, and location of the business and a certification that the collector |
---|
| 3389 | + | has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318 |
---|
| 3390 | + | and any regulations adopted by a local government unit for the jurisdiction in which the collector |
---|
| 3391 | + | operates. A collector must indicate any end-of-life fees that will be charged at the collection point. |
---|
| 3392 | + | A registration is effective upon receipt by the agency and is valid until July 15 each year. |
---|
| 3393 | + | Subd. 4.Recycler registration.No person may recycle video display devices generated by |
---|
| 3394 | + | households unless that person has submitted a registration with the agency by July 15 each year on |
---|
| 3395 | + | a form prescribed by the commissioner. Registration information must include the name, address, |
---|
| 3396 | + | telephone number, and location of all recycling facilities under the direct control of the recycler |
---|
| 3397 | + | that may receive covered electronic devices from households and a certification that the recycler |
---|
| 3398 | + | has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318. |
---|
| 3399 | + | A registered recycler must conduct recycling activities that are consistent with this chapter. A |
---|
| 3400 | + | registration is effective upon receipt by the agency and is valid until July 15 each year. |
---|
| 3401 | + | 115A.1314 MANUFACTURER REGISTRATION FEE. |
---|
| 3402 | + | Subdivision 1.Registration fee.(a) Each manufacturer who registers under section 115A.1312 |
---|
| 3403 | + | must, by August 15 each year, pay to the commissioner of revenue an annual registration fee, on a |
---|
| 3404 | + | form and in a manner prescribed by the commissioner of revenue. The commissioner of revenue |
---|
| 3405 | + | must deposit the fee in the state treasury and credit the fee to the environmental fund. |
---|
| 3406 | + | 3R |
---|
| 3407 | + | APPENDIX |
---|
| 3408 | + | Repealed Minnesota Statutes: 25-02506 (b) The registration fee for manufacturers that sell 100 or more video display devices to |
---|
| 3409 | + | households in the state during the previous calendar year is $2,500, plus a variable recycling fee. |
---|
| 3410 | + | The registration fee for manufacturers that sell fewer than 100 video display devices in the state |
---|
| 3411 | + | during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated |
---|
| 3412 | + | according to the formula: |
---|
| 3413 | + | [A - (B + C)] x D, where: |
---|
| 3414 | + | A = the manufacturer's recycling obligation as determined under section 115A.1320; |
---|
| 3415 | + | B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged |
---|
| 3416 | + | to have collected and recycled from households during the immediately preceding program year, |
---|
| 3417 | + | as reported under section 115A.1316, subdivision 1; |
---|
| 3418 | + | C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate |
---|
| 3419 | + | the variable recycling fee; and |
---|
| 3420 | + | D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers |
---|
| 3421 | + | who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for |
---|
| 3422 | + | manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling |
---|
| 3423 | + | obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 |
---|
| 3424 | + | percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who |
---|
| 3425 | + | recycle 100 percent or more of the manufacturer's recycling obligation. |
---|
| 3426 | + | (c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element |
---|
| 3427 | + | D in the formula in paragraph (b), required under this section. The agency shall direct the |
---|
| 3428 | + | commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer |
---|
| 3429 | + | demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as |
---|
| 3430 | + | determined under section 115A.1320. The petition must include: |
---|
| 3431 | + | (1) documentation that the manufacturer has met at least 75 percent of its recycling obligation |
---|
| 3432 | + | as determined under section 115A.1320; |
---|
| 3433 | + | (2) a list of political subdivisions and public and private collectors with whom the manufacturer |
---|
| 3434 | + | had a formal contract or agreement in effect during the previous program year to recycle or collect |
---|
| 3435 | + | covered electronic devices; |
---|
| 3436 | + | (3) the total amounts of covered electronic devices collected from both within and outside of |
---|
| 3437 | + | the 11-county metropolitan area, as defined in subdivision 2; |
---|
| 3438 | + | (4) a description of the manufacturer's best efforts to meet its recycling obligation as determined |
---|
| 3439 | + | under section 115A.1320; and |
---|
| 3440 | + | (5) any other information requested by the agency. |
---|
| 3441 | + | (d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or |
---|
| 3442 | + | in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any |
---|
| 3443 | + | succeeding program year, provided that no more than 25 percent of a manufacturer's recycling |
---|
| 3444 | + | obligation A for any program year may be met with phase I and phase II recycling credits, separately |
---|
| 3445 | + | or in combination, generated in a prior program year. A manufacturer may sell any portion or all |
---|
| 3446 | + | of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the |
---|
| 3447 | + | parties, who may use the credits in the same manner. |
---|
| 3448 | + | (e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using |
---|
| 3449 | + | the formula under paragraph (b), starting with the program year beginning July 1, 2019, and |
---|
| 3450 | + | continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled |
---|
| 3451 | + | or arranged to have collected and recycled from households located outside the 11-county |
---|
| 3452 | + | metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual |
---|
| 3453 | + | weight. |
---|
| 3454 | + | Subd. 2.Use of registration fees.(a) Registration fees may be used by the commissioner for: |
---|
| 3455 | + | (1) implementing sections 115A.1312 to 115A.1330, including transfer to the commissioner of |
---|
| 3456 | + | revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer |
---|
| 3457 | + | to the commissioner of administration for responsibilities under section 115A.1324; and |
---|
| 3458 | + | (2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and |
---|
| 3459 | + | to private entities that collect for recycling covered electronic devices in counties outside the |
---|
| 3460 | + | 11-county metropolitan area, where the collection and recycling is consistent with the respective |
---|
| 3461 | + | county's solid waste plan, for the purpose of carrying out the activities under sections 115A.1312 |
---|
| 3462 | + | 4R |
---|
| 3463 | + | APPENDIX |
---|
| 3464 | + | Repealed Minnesota Statutes: 25-02506 to 115A.1330. In awarding competitive grants under this clause, the commissioner must give |
---|
| 3465 | + | preference to counties and private entities that are working cooperatively with manufacturers to |
---|
| 3466 | + | help them meet their recycling obligations under section 115A.1318, subdivision 1. |
---|
| 3467 | + | (b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota, |
---|
| 3468 | + | Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright. |
---|
| 3469 | + | 115A.1316 REPORTING REQUIREMENTS. |
---|
| 3470 | + | Subdivision 1.Manufacturer reporting requirements.(a) By March 1 each year, each |
---|
| 3471 | + | manufacturer must report to the agency using the form prescribed: |
---|
| 3472 | + | (1) the total weight of each specific model of its video display devices sold to households during |
---|
| 3473 | + | the previous calendar year; and |
---|
| 3474 | + | (2) either: |
---|
| 3475 | + | (i) the total weight of its video display devices sold to households during the previous calendar |
---|
| 3476 | + | year; or |
---|
| 3477 | + | (ii) an estimate of the total weight of its video display devices sold to households during the |
---|
| 3478 | + | previous calendar year, calculated by multiplying the weight of its video display devices sold |
---|
| 3479 | + | nationally times the quotient of Minnesota's population divided by the national population. All |
---|
| 3480 | + | manufacturers with sales of 99 or fewer video display devices to households in the state during the |
---|
| 3481 | + | previous calendar year must report using the method under this item for calculating sales. |
---|
| 3482 | + | A manufacturer must submit with the report required under this paragraph a description of how the |
---|
| 3483 | + | information or estimate was calculated. |
---|
| 3484 | + | (b) By August 15 each year, each manufacturer must report to the agency: |
---|
| 3485 | + | (1) the total weight of covered electronic devices the manufacturer collected from households |
---|
| 3486 | + | and recycled or arranged to have collected and recycled during the preceding program year; |
---|
| 3487 | + | (2) the number of phase I and phase II recycling credits the manufacturer has purchased and |
---|
| 3488 | + | sold during the preceding program year; |
---|
| 3489 | + | (3) the number of phase I and phase II recycling credits possessed by the manufacturer that the |
---|
| 3490 | + | manufacturer elects to use in the calculation of its variable recycling fee under section 115A.1314, |
---|
| 3491 | + | subdivision 1; and |
---|
| 3492 | + | (4) the number of phase I and phase II recycling credits the manufacturer retains at the beginning |
---|
| 3493 | + | of the current program year. |
---|
| 3494 | + | (c) Upon request of the commissioner of revenue, the agency shall provide a copy of each report |
---|
| 3495 | + | to the commissioner of revenue. |
---|
| 3496 | + | Subd. 2.Recycler reporting requirements.(a) By July 15 each year, a recycler of covered |
---|
| 3497 | + | electronic devices must report to the agency: |
---|
| 3498 | + | (1) the total weight of covered electronic devices recycled during the preceding program year |
---|
| 3499 | + | and must certify that the recycler has complied with section 115A.1318, subdivision 2; |
---|
| 3500 | + | (2) the weight of video display devices recycled as part of covered electronic devices recycled |
---|
| 3501 | + | during the previous program year; and |
---|
| 3502 | + | (3) an estimate of the weight of portable batteries and any mercury-containing lamps that are |
---|
| 3503 | + | associated with the covered electronic devices managed. |
---|
| 3504 | + | (b) Upon request of the commissioner of revenue, the agency shall provide a copy of each report |
---|
| 3505 | + | to the commissioner of revenue. |
---|
| 3506 | + | Subd. 3.Collector reporting requirements.By July 15 each year, a collector must report |
---|
| 3507 | + | separately to the agency using the form prescribed by the commissioner: |
---|
| 3508 | + | (1) the total pounds of covered electronic devices collected in the state; |
---|
| 3509 | + | (2) a list of all recyclers to whom collectors delivered covered electronic devices; and |
---|
| 3510 | + | (3) whether the collector had a contract with a recycler or manufacturer to provide pounds |
---|
| 3511 | + | toward meeting a manufacturer's obligation. |
---|
| 3512 | + | 5R |
---|
| 3513 | + | APPENDIX |
---|
| 3514 | + | Repealed Minnesota Statutes: 25-02506 115A.1318 RESPONSIBILITIES. |
---|
| 3515 | + | Subdivision 1.Manufacturer responsibilities.(a) In addition to fulfilling the requirements of |
---|
| 3516 | + | sections 115A.1310 to 115A.1330, a manufacturer must comply with paragraphs (b) to (f). |
---|
| 3517 | + | (b) A manufacturer must annually recycle or arrange for the collection and recycling of an |
---|
| 3518 | + | amount of video display devices as determined by the agency in section 115A.1320, subdivision |
---|
| 3519 | + | 1. A manufacturer must assume all financial responsibility associated with transporting and recycling |
---|
| 3520 | + | covered electronic devices that are used to meet the manufacturer's recycling obligation determined |
---|
| 3521 | + | under section 115A.1320 or that are counted as phase I or II recycling credits, including any necessary |
---|
| 3522 | + | supplies. This excludes costs that are associated with receiving and aggregating covered electronic |
---|
| 3523 | + | devices from households and all the activities up to the time that covered electronic devices are |
---|
| 3524 | + | loaded for transport to a recycler or arranged for transportation to a recycler. |
---|
| 3525 | + | (c) The obligations of a manufacturer apply only to video display devices received from |
---|
| 3526 | + | households and do not apply to video display devices received from sources other than households. |
---|
| 3527 | + | (d) A manufacturer must conduct and document due diligence assessments of collectors and |
---|
| 3528 | + | recyclers it contracts with, including an assessment of items specified under subdivision 2. A |
---|
| 3529 | + | manufacturer is responsible for maintaining, for a period of three years, documentation that all |
---|
| 3530 | + | covered electronic devices recycled, partially recycled, or sent to downstream recycling operations |
---|
| 3531 | + | comply with the requirements of subdivision 2. |
---|
| 3532 | + | (e) A manufacturer must provide the agency with contact information for a person who can be |
---|
| 3533 | + | contacted regarding the manufacturer's activities under sections 115A.1310 to 115A.1320. |
---|
| 3534 | + | (f) Only the covered electronic devices that are recycled by a registered recycler that is certified |
---|
| 3535 | + | by an ANSI-ASQ National Accreditation Board-accredited third-party certification body to an |
---|
| 3536 | + | environmentally sound management standard are eligible to meet the manufacturer's obligation. |
---|
| 3537 | + | Subd. 1a.Collector responsibilities.(a) Collection sites must be: |
---|
| 3538 | + | (1) staffed; and |
---|
| 3539 | + | (2) open to the public at a frequency adequate to meet the needs of the area being served. |
---|
| 3540 | + | (b) A collector may limit the number of covered electronic devices or covered electronic devices |
---|
| 3541 | + | by product type accepted per customer per day or per delivery at a collection site or service. |
---|
| 3542 | + | (c) A collector must use only registered recyclers. |
---|
| 3543 | + | Subd. 2.Recycler responsibilities.(a) As part of the report submitted under section 115A.1316, |
---|
| 3544 | + | subdivision 2, a recycler must certify, except as provided in paragraph (b), that facilities that recycle |
---|
| 3545 | + | covered electronic devices, including all downstream recycling operations: |
---|
| 3546 | + | (1) use only registered collectors; |
---|
| 3547 | + | (2) comply with all applicable health, environmental, safety, and financial responsibility |
---|
| 3548 | + | regulations; |
---|
| 3549 | + | (3) are licensed by all applicable governmental authorities; |
---|
| 3550 | + | (4) use no prison labor to recycle video display devices; |
---|
| 3551 | + | (5) possess liability insurance of not less than $1,000,000 for environmental releases, accidents, |
---|
| 3552 | + | and other emergencies; |
---|
| 3553 | + | (6) provide a report annually to each registered collector regarding the video display devices |
---|
| 3554 | + | received from that entity; and |
---|
| 3555 | + | (7) do not charge collectors for transporting, recycling, or any necessary supplies related to |
---|
| 3556 | + | transporting or recycling covered electronic devices that meet a manufacturer's recycling obligation |
---|
| 3557 | + | as determined under section 115A.1320, unless otherwise mutually agreed upon. |
---|
| 3558 | + | (b) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse |
---|
| 3559 | + | donated computers in schools is exempt from paragraph (a), clauses (4) and (5). |
---|
| 3560 | + | (c) Except to the extent otherwise required by law and unless agreed upon otherwise by the |
---|
| 3561 | + | recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a |
---|
| 3562 | + | covered electronic device if an information storage device is included in the covered electronic |
---|
| 3563 | + | device. |
---|
| 3564 | + | 6R |
---|
| 3565 | + | APPENDIX |
---|
| 3566 | + | Repealed Minnesota Statutes: 25-02506 Subd. 3.Retailer responsibilities.A retailer who sells new video display devices shall provide |
---|
| 3567 | + | information to households describing where and how they may recycle video display devices and |
---|
| 3568 | + | advising them of opportunities and locations for the convenient collection of video display devices |
---|
| 3569 | + | for the purpose of recycling. This requirement may be met by providing to households the agency's |
---|
| 3570 | + | toll-free number and website address. Retailers selling through catalogs or the Internet may meet |
---|
| 3571 | + | this requirement by including the information in a prominent location on the retailer's website. |
---|
| 3572 | + | 115A.1320 AGENCY AND DEPARTMENT DUTIES. |
---|
| 3573 | + | Subdivision 1.Duties of agency.(a) The agency shall administer sections 115A.1310 to |
---|
| 3574 | + | 115A.1330. |
---|
| 3575 | + | (b) The agency shall establish procedures for: |
---|
| 3576 | + | (1) receipt and maintenance of the registration statements and certifications filed with the agency |
---|
| 3577 | + | under section 115A.1312; and |
---|
| 3578 | + | (2) making the statements and certifications easily available to manufacturers, retailers, and |
---|
| 3579 | + | members of the public. |
---|
| 3580 | + | (c) The agency shall annually review the following variables that are used to calculate a |
---|
| 3581 | + | manufacturer's annual registration fee under section 115A.1314, subdivision 1: |
---|
| 3582 | + | (1) the obligation-setting mechanism for manufacturers as specified under paragraph (g); |
---|
| 3583 | + | (2) the estimated per-pound price of recycling covered electronic devices sold to households; |
---|
| 3584 | + | and |
---|
| 3585 | + | (3) the base registration fee. |
---|
| 3586 | + | (d) If the agency determines that any of these values must be changed in order to improve the |
---|
| 3587 | + | efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or |
---|
| 3588 | + | if the revenues exceed the amount that the agency determines is necessary, the agency shall submit |
---|
| 3589 | + | recommended changes and the reasons for them to the chairs of the senate and house of |
---|
| 3590 | + | representatives committees with jurisdiction over solid waste policy. |
---|
| 3591 | + | (e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display |
---|
| 3592 | + | device waste that is the weight of all video display devices collected for recycling during each of |
---|
| 3593 | + | the three most recently completed program years, excluding the most recently concluded program |
---|
| 3594 | + | year, divided by two. |
---|
| 3595 | + | (f) By May 1 each year, the agency shall determine each registered manufacturer's market share |
---|
| 3596 | + | of video display devices to be collected and recycled based on the manufacturer's percentage share |
---|
| 3597 | + | of the total weight of video display devices sold as reported to the agency under section 115A.1316, |
---|
| 3598 | + | subdivision 1. |
---|
| 3599 | + | (g) By May 1 each year, the agency shall provide each manufacturer with a determination of |
---|
| 3600 | + | the manufacturer's share of video display devices to be collected and recycled. A manufacturer's |
---|
| 3601 | + | market share of video display devices as specified in paragraph (f) is applied proportionally to the |
---|
| 3602 | + | statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's |
---|
| 3603 | + | recycling obligation. Upon request by the commissioner of revenue, the agency must provide the |
---|
| 3604 | + | information submitted to manufacturers under this paragraph to the commissioner of revenue. |
---|
| 3605 | + | (h) The agency shall provide a report to the governor and the legislature on the implementation |
---|
| 3606 | + | of sections 115A.1310 to 115A.1330. For each program year, the report must discuss the total |
---|
| 3607 | + | weight of covered electronic devices recycled and a summary of information in the reports submitted |
---|
| 3608 | + | by manufacturers and recyclers under section 115A.1316. The report must also discuss the various |
---|
| 3609 | + | collection programs used by manufacturers to collect covered electronic devices; information |
---|
| 3610 | + | regarding covered electronic devices that are being collected by persons other than registered |
---|
| 3611 | + | manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, |
---|
| 3612 | + | being disposed of in landfills in this state. The report must examine which covered electronic |
---|
| 3613 | + | devices, based on economic and environmental considerations, should be subject to the |
---|
| 3614 | + | obligation-setting mechanism under paragraph (g). The report must include a description of |
---|
| 3615 | + | enforcement actions under sections 115A.1310 to 115A.1330. The agency may include in its report |
---|
| 3616 | + | other information received by the agency regarding the implementation of sections 115A.1312 to |
---|
| 3617 | + | 115A.1330. The report must be done in conjunction with the report required under section 115A.121. |
---|
| 3618 | + | (i) The agency shall promote public participation in the activities regulated under sections |
---|
| 3619 | + | 115A.1312 to 115A.1330 through public education and outreach efforts. |
---|
| 3620 | + | 7R |
---|
| 3621 | + | APPENDIX |
---|
| 3622 | + | Repealed Minnesota Statutes: 25-02506 (j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided by |
---|
| 3623 | + | sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions enforced |
---|
| 3624 | + | by the department, as provided in subdivision 2. The agency may revoke a registration of a collector |
---|
| 3625 | + | or recycler found to have violated sections 115A.1310 to 115A.1330. |
---|
| 3626 | + | (k) The agency shall facilitate communication between counties, collection and recycling centers, |
---|
| 3627 | + | and manufacturers to ensure that manufacturers are aware of video display devices available for |
---|
| 3628 | + | recycling. |
---|
| 3629 | + | (l) The agency shall post on its website the contact information provided by each manufacturer |
---|
| 3630 | + | under section 115A.1318, subdivision 1, paragraph (e). |
---|
| 3631 | + | Subd. 2.Additional duties.(a) The agency must collect the data submitted to it annually by |
---|
| 3632 | + | each manufacturer on the total weight of each specific model of video display device sold to |
---|
| 3633 | + | households, if provided; the total weight of video display devices sold to households; the total |
---|
| 3634 | + | weight of covered electronic devices collected from households that are recycled; and data on phase |
---|
| 3635 | + | I and phase II recycling credits, as required under section 115A.1316. The department must use |
---|
| 3636 | + | this data to review each manufacturer's annual registration fee submitted to the department to ensure |
---|
| 3637 | + | that the fee was calculated accurately. |
---|
| 3638 | + | (b) The agency must estimate, for each registered manufacturer, the sales of video display |
---|
| 3639 | + | devices to households during the previous program year, based on: |
---|
| 3640 | + | (1) data provided by a manufacturer on sales of video display devices to households, including |
---|
| 3641 | + | documentation describing how that amount was calculated and certification that the amount is |
---|
| 3642 | + | accurate; or |
---|
| 3643 | + | (2) if a manufacturer does not provide the data specified in clause (1), national data on sales of |
---|
| 3644 | + | video display devices. |
---|
| 3645 | + | The department must use the data specified in this subdivision to review each manufacturer's annual |
---|
| 3646 | + | registration fee submitted to the department to ensure that the fee was calculated accurately according |
---|
| 3647 | + | to the formula in section 115A.1314, subdivision 1. |
---|
| 3648 | + | (c) The department must enforce section 115A.1314, subdivision 1. The audit, assessment, |
---|
| 3649 | + | appeal, collection, enforcement, disclosure, and other administrative provisions of chapters 270B, |
---|
| 3650 | + | 270C, and 289A that apply to the taxes imposed under chapter 297A apply to the fee imposed under |
---|
| 3651 | + | section 115A.1314, subdivision 1. To enforce section 115A.1314, subdivision 1, the commissioner |
---|
| 3652 | + | of revenue may grant extensions to pay, and impose and abate penalties and interest on, the fee due |
---|
| 3653 | + | under section 115A.1314, subdivision 1, in the manner provided in chapters 270C and 289A as if |
---|
| 3654 | + | the fee were a tax imposed under chapter 297A. |
---|
| 3655 | + | (d) The department may disclose nonpublic data to the agency only when necessary for the |
---|
| 3656 | + | efficient and effective administration of the activities regulated under sections 115A.1310 to |
---|
| 3657 | + | 115A.1330. Any data disclosed by the department to the agency retains the classification it had |
---|
| 3658 | + | when in the possession of the department. |
---|
| 3659 | + | 115A.1322 OTHER RECYCLING PROGRAMS. |
---|
| 3660 | + | A city, county, or other public agency may not require households to use public facilities to |
---|
| 3661 | + | recycle their covered electronic devices to the exclusion of other lawful programs available. Cities, |
---|
| 3662 | + | counties, and other public agencies, including those awarded contracts by the agency under section |
---|
| 3663 | + | 115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting |
---|
| 3664 | + | their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310 |
---|
| 3665 | + | to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices |
---|
| 3666 | + | in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, |
---|
| 3667 | + | collecting, transporting, or recycling covered electronic devices, provided that those persons are |
---|
| 3668 | + | registered under section 115A.1312. |
---|
| 3669 | + | 115A.1323 ANTICOMPETITIVE CONDUCT. |
---|
| 3670 | + | (a) A manufacturer that organizes collection or recycling under sections 115A.1310 to 115A.1322 |
---|
| 3671 | + | is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement |
---|
| 3672 | + | its chosen organized collection or recycling system and is immune from liability under state laws |
---|
| 3673 | + | relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or |
---|
| 3674 | + | commerce. |
---|
| 3675 | + | (b) An organization of manufacturers, an individual manufacturer, and its officers, members, |
---|
| 3676 | + | employees, and agents who cooperate with a political subdivision that organizes collection or |
---|
| 3677 | + | 8R |
---|
| 3678 | + | APPENDIX |
---|
| 3679 | + | Repealed Minnesota Statutes: 25-02506 recycling under this section are authorized to engage in anticompetitive conduct to the extent |
---|
| 3680 | + | necessary to plan and implement the organized collection or recycling system, provided that the |
---|
| 3681 | + | political subdivision actively supervises the participation of each entity. An organization, entity, |
---|
| 3682 | + | or person covered by this paragraph is immune from liability under state law relating to antitrust, |
---|
| 3683 | + | restraint of trade, unfair trade practices, and other regulation of trade or commerce. |
---|
| 3684 | + | 115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES. |
---|
| 3685 | + | (a) The Department of Administration must ensure that acquisitions of video display devices |
---|
| 3686 | + | under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318. |
---|
| 3687 | + | (b) The solicitation documents must specify that the prospective responder is required to |
---|
| 3688 | + | cooperate fully in providing reasonable access to its records and documents that evidence compliance |
---|
| 3689 | + | with paragraph (a) and sections 115A.1310 to 115A.1318. |
---|
| 3690 | + | (c) Any person awarded a contract under chapter 16C for purchase or lease of video display |
---|
| 3691 | + | devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is |
---|
| 3692 | + | subject to the following sanctions: |
---|
| 3693 | + | (1) the contract must be voided if the commissioner of administration determines that the |
---|
| 3694 | + | potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract; |
---|
| 3695 | + | (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150; |
---|
| 3696 | + | and |
---|
| 3697 | + | (3) if the attorney general establishes that any money, property, or benefit was obtained by a |
---|
| 3698 | + | contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court |
---|
| 3699 | + | may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, |
---|
| 3700 | + | property, or benefit. |
---|
| 3701 | + | 115A.1326 REGULATING VIDEO DISPLAY DEVICES. |
---|
| 3702 | + | If the United States Environmental Protection Agency adopts regulations under the Resource |
---|
| 3703 | + | Conservation and Recovery Act regarding the handling, storage, or treatment of any type of video |
---|
| 3704 | + | display device being recycled, those regulations are automatically effective in this state on the same |
---|
| 3705 | + | date and supersede any rules previously adopted by the agency regarding the handling, storage, or |
---|
| 3706 | + | treatment of all video display devices being recycled. |
---|
| 3707 | + | 115A.1328 MULTISTATE IMPLEMENTATION. |
---|
| 3708 | + | The agency and department are authorized to participate in the establishment of a regional |
---|
| 3709 | + | multistate organization or compact to assist in carrying out the requirements of this chapter. |
---|
| 3710 | + | 115A.1330 LIMITATIONS. |
---|
| 3711 | + | Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take |
---|
| 3712 | + | effect that is applicable to all video display devices sold in the United States and establish a program |
---|
| 3713 | + | for the collection and recycling or reuse of video display devices that is applicable to all video |
---|
| 3714 | + | display devices discarded by households. |
---|
| 3715 | + | 115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES. |
---|
| 3716 | + | Subdivision 1.Prohibition.A person may not place in mixed municipal solid waste a dry cell |
---|
| 3717 | + | battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed |
---|
| 3718 | + | lead-acid that was purchased for use or used by a government agency, or an industrial, |
---|
| 3719 | + | communications, or medical facility. |
---|
| 3720 | + | Subd. 2.Manufacturer responsibility.(a) A manufacturer of batteries subject to subdivision |
---|
| 3721 | + | 1 shall: |
---|
| 3722 | + | (1) ensure that a system for the proper collection, transportation, and processing of waste batteries |
---|
| 3723 | + | exists for purchasers in Minnesota; and |
---|
| 3724 | + | (2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of |
---|
| 3725 | + | the system or systems for proper collection, transportation, and processing of waste batteries available |
---|
| 3726 | + | to the purchaser. |
---|
| 3727 | + | (b) To ensure that a system for the proper collection, transportation, and processing of waste |
---|
| 3728 | + | batteries exists, a manufacturer shall: |
---|
| 3729 | + | 9R |
---|
| 3730 | + | APPENDIX |
---|
| 3731 | + | Repealed Minnesota Statutes: 25-02506 (1) identify collectors, transporters, and processors for the waste batteries and contract or |
---|
| 3732 | + | otherwise expressly agree with a person or persons for the proper collection, transportation, and |
---|
| 3733 | + | processing of the waste batteries; or |
---|
| 3734 | + | (2) accept waste batteries returned to its manufacturing facility. |
---|
| 3735 | + | (c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a |
---|
| 3736 | + | clear and conspicuous manner a telephone number that the final consumer of the battery can call |
---|
| 3737 | + | to obtain information on specific procedures to follow in returning the battery for recycling or |
---|
| 3738 | + | proper disposal. The manufacturer may include the telephone number and notice of return procedures |
---|
| 3739 | + | on an invoice or other transaction document held by the purchaser. The manufacturer shall provide |
---|
| 3740 | + | the telephone number to the commissioner of the agency. |
---|
| 3741 | + | (d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing |
---|
| 3742 | + | of the waste batteries is included in the sales transaction or agreement between the manufacturer |
---|
| 3743 | + | and any purchaser. |
---|
| 3744 | + | (e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for |
---|
| 3745 | + | improper disposal by a person other than the manufacturer of waste batteries. |
---|
| 3746 | + | 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS. |
---|
| 3747 | + | Subdivision 1.Definition.For the purpose of this section, "rechargeable battery" means a sealed |
---|
| 3748 | + | nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a |
---|
| 3749 | + | rechargeable battery governed by section 115A.9155 or exempted by the commissioner under |
---|
| 3750 | + | subdivision 9. |
---|
| 3751 | + | Subd. 2.Prohibition.Effective August 1, 1991, a person may not place in mixed municipal |
---|
| 3752 | + | solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable |
---|
| 3753 | + | rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, |
---|
| 3754 | + | from which all batteries or battery packs have not been removed. |
---|
| 3755 | + | Subd. 3.Collection and management costs.A manufacturer of rechargeable batteries or |
---|
| 3756 | + | products powered by rechargeable batteries is responsible for the costs of collecting and managing |
---|
| 3757 | + | its waste rechargeable batteries and waste products to ensure that the batteries are not part of the |
---|
| 3758 | + | solid waste stream. |
---|
| 3759 | + | Subd. 5.Collection and management programs.(a) By September 20, 1995, the manufacturers |
---|
| 3760 | + | or their representative organization shall implement permanent programs, based on the results of |
---|
| 3761 | + | the pilot projects required in Minnesota Statutes 1994, section 115A.9157, subdivision 4, that may |
---|
| 3762 | + | be reasonably expected to collect 90 percent of the waste rechargeable batteries and the participating |
---|
| 3763 | + | manufacturers' products powered by rechargeable batteries that are generated in the state. The |
---|
| 3764 | + | batteries and products collected must be recycled or otherwise managed or disposed of properly. |
---|
| 3765 | + | (b) In every odd-numbered year after 1995, each manufacturer or a representative organization |
---|
| 3766 | + | shall provide information to the senate and house of representatives committees having jurisdiction |
---|
| 3767 | + | over environment and natural resources and environment and natural resources finance that specifies |
---|
| 3768 | + | at least the estimated amount of rechargeable batteries subject to this section sold in the state by |
---|
| 3769 | + | each manufacturer and the amount of batteries each collected during the previous two years. A |
---|
| 3770 | + | representative organization may report the amounts in aggregate for all the members of the |
---|
| 3771 | + | organization. |
---|
| 3772 | + | Subd. 6.List of participants.A manufacturer or its representative organization shall inform |
---|
| 3773 | + | the committees listed in subdivision 5 when they begin participating in the projects and programs |
---|
| 3774 | + | and immediately if they withdraw participation. |
---|
| 3775 | + | Subd. 7.Contracts.A manufacturer or a representative organization of manufacturers may |
---|
| 3776 | + | contract with the state or a political subdivision to provide collection services under this section. |
---|
| 3777 | + | The manufacturer or organization shall fully reimburse the state or political subdivision for the |
---|
| 3778 | + | value of any contractual services rendered under this subdivision. |
---|
| 3779 | + | Subd. 8.Anticompetitive conduct.A manufacturer or organization of manufacturers and its |
---|
| 3780 | + | officers, members, employees, and agents who participate in projects or programs to collect and |
---|
| 3781 | + | properly manage waste rechargeable batteries or products powered by rechargeable batteries are |
---|
| 3782 | + | immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, |
---|
| 3783 | + | and other regulation of trade or commerce for activities related to the collection and management |
---|
| 3784 | + | of batteries and products required under this section. |
---|
| 3785 | + | 10R |
---|
| 3786 | + | APPENDIX |
---|
| 3787 | + | Repealed Minnesota Statutes: 25-02506 Subd. 9.Exemptions.To ensure that new types of batteries do not add additional hazardous or |
---|
| 3788 | + | toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may |
---|
| 3789 | + | exempt a new type of rechargeable battery from the requirements of this section if it poses no |
---|
| 3790 | + | unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal |
---|
| 3791 | + | solid waste. |
---|
| 3792 | + | 115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL. |
---|
| 3793 | + | Subdivision 1.Definition.For the purposes of this section, "household batteries" means |
---|
| 3794 | + | disposable or rechargeable dry cells commonly used as power sources for household or consumer |
---|
| 3795 | + | products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc |
---|
| 3796 | + | oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries. |
---|
| 3797 | + | Subd. 2.Program.(a) The commissioner, in consultation with other state agencies, political |
---|
| 3798 | + | subdivisions, and representatives of the household battery industry, may develop household battery |
---|
| 3799 | + | programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission |
---|
| 3800 | + | on Minnesota Resources study on batteries. |
---|
| 3801 | + | (b) The commissioner shall investigate options and develop guidelines for collection, processing, |
---|
| 3802 | + | and disposal of household batteries. The options the commissioner may investigate include: |
---|
| 3803 | + | (1) establishing a grant program for counties to plan and implement household battery collection, |
---|
| 3804 | + | processing, and disposal projects; |
---|
| 3805 | + | (2) establishing collection and transportation systems; |
---|
| 3806 | + | (3) developing and disseminating educational materials regarding environmentally sound battery |
---|
| 3807 | + | management; and |
---|
| 3808 | + | (4) developing markets for materials recovered from the batteries. |
---|
| 3809 | + | (c) The commissioner may also distribute funds to political subdivisions to develop battery |
---|
| 3810 | + | management plans and implement those plans. |
---|
| 3811 | + | Subd. 3.Participation.A political subdivision, on its own or in cooperation with others, may |
---|
| 3812 | + | implement a program to collect, process, or dispose of household batteries. A political subdivision |
---|
| 3813 | + | may provide financial incentives to any person, including public or private civic groups, to collect |
---|
| 3814 | + | the batteries. |
---|
| 3815 | + | 325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS. |
---|
| 3816 | + | Subdivision 1.Labeling.(a) The manufacturer of a button cell battery that is to be sold in this |
---|
| 3817 | + | state shall ensure that each battery contains no intentionally introduced mercury or is labeled to |
---|
| 3818 | + | clearly identify for the final consumer of the battery the type of electrode used in the battery. |
---|
| 3819 | + | (b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that |
---|
| 3820 | + | each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type |
---|
| 3821 | + | of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall |
---|
| 3822 | + | also provide clear instructions for properly recharging the battery. |
---|
| 3823 | + | Subd. 2.Mercury content.(a) Except as provided in paragraph (c), a manufacturer may not |
---|
| 3824 | + | sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than |
---|
| 3825 | + | 0.025 percent mercury by weight. |
---|
| 3826 | + | (b) On application, the commissioner of the Pollution Control Agency may exempt a specific |
---|
| 3827 | + | type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the |
---|
| 3828 | + | requirements that can be reasonably substituted for the battery for which the exemption is sought. |
---|
| 3829 | + | A battery exempted by the commissioner under this paragraph is subject to the requirements of |
---|
| 3830 | + | section 115A.9155, subdivision 2. |
---|
| 3831 | + | (c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in |
---|
| 3832 | + | this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than |
---|
| 3833 | + | 25 milligrams of mercury. |
---|
| 3834 | + | (d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery |
---|
| 3835 | + | containing a mercuric oxide electrode. |
---|
| 3836 | + | (e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state |
---|
| 3837 | + | an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury |
---|
| 3838 | + | unless the commissioner of the Pollution Control Agency determines that compliance with this |
---|
| 3839 | + | requirement is not technically and commercially feasible. |
---|
| 3840 | + | 11R |
---|
| 3841 | + | APPENDIX |
---|
| 3842 | + | Repealed Minnesota Statutes: 25-02506 Subd. 2a.Approval of new batteries.A manufacturer may not sell, distribute, or offer for sale |
---|
| 3843 | + | in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or |
---|
| 3844 | + | alkaline manganese battery, without first having received approval of the battery from the |
---|
| 3845 | + | commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that |
---|
| 3846 | + | comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is |
---|
| 3847 | + | intended to ensure that new types of batteries do not add additional hazardous or toxic materials to |
---|
| 3848 | + | the state's mixed municipal waste stream. |
---|
| 3849 | + | Subd. 3.Rechargeable tools and appliances.(a) A manufacturer may not sell, distribute, or |
---|
| 3850 | + | offer for sale in this state a rechargeable consumer product unless: |
---|
| 3851 | + | (1) the battery can be easily removed by the consumer or is contained in a battery pack that is |
---|
| 3852 | + | separate from the product and can be easily removed; and |
---|
| 3853 | + | (2) the product and the battery are both labeled in a manner that is clearly visible to the consumer |
---|
| 3854 | + | indicating that the battery must be recycled or disposed of properly and the battery must be clearly |
---|
| 3855 | + | identifiable as to the type of electrode used in the battery. |
---|
| 3856 | + | (b) "Rechargeable consumer product" as used in this subdivision means any product that contains |
---|
| 3857 | + | a rechargeable battery and is primarily used or purchased to be used for personal, family, or |
---|
| 3858 | + | household purposes. |
---|
| 3859 | + | (c) On application by a manufacturer, the commissioner of the Pollution Control Agency may |
---|
| 3860 | + | exempt a rechargeable consumer product from the requirements of paragraph (a) if: |
---|
| 3861 | + | (1) the product cannot be reasonably redesigned and manufactured to comply with the |
---|
| 3862 | + | requirements prior to the effective date of Laws 1990, chapter 409, section 2; |
---|
| 3863 | + | (2) the redesign of the product to comply with the requirements would result in significant |
---|
| 3864 | + | danger to public health and safety; or |
---|
| 3865 | + | (3) the type of electrode used in the battery poses no unreasonable hazards when placed in and |
---|
| 3866 | + | processed or disposed of as part of mixed municipal solid waste. |
---|
| 3867 | + | (d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph |
---|
| 3868 | + | (c), clause (1), must be limited to a maximum of two years and may be renewed. |
---|
| 3869 | + | Subd. 4.Rechargeable batteries and products; notice.(a) A person who sells rechargeable |
---|
| 3870 | + | batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail |
---|
| 3871 | + | shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing |
---|
| 3872 | + | decisions. |
---|
| 3873 | + | (b) The notice must be at least four inches by six inches and state: |
---|
| 3874 | + | "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS: |
---|
| 3875 | + | Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and |
---|
| 3876 | + | products powered by nonremovable rechargeable batteries will provide a special collection system |
---|
| 3877 | + | for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the |
---|
| 3878 | + | special collection system that will be provided in your area. Take care of our environment. |
---|
| 3879 | + | DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY |
---|
| 3880 | + | NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE." |
---|
| 3881 | + | (c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for |
---|
| 3882 | + | catalogue sales. |
---|
| 3883 | + | Subd. 5.Prohibitions.A manufacturer of rechargeable batteries or products powered by |
---|
| 3884 | + | rechargeable batteries that does not participate in the pilot projects and programs required in section |
---|
| 3885 | + | 115A.9157 may not sell, distribute, or offer for sale in this state rechargeable batteries or products |
---|
| 3886 | + | powered by rechargeable batteries after January 1, 1992. |
---|
| 3887 | + | After January 1, 1992, a person who first purchases rechargeable batteries or products powered |
---|
| 3888 | + | by rechargeable batteries for importation into the state for resale may not purchase rechargeable |
---|
| 3889 | + | batteries or products powered by rechargeable batteries made by any person other than a manufacturer |
---|
| 3890 | + | that participates in the projects and programs required under section 115A.9157. |
---|
| 3891 | + | 325E.1251 PENALTY ENFORCEMENT . |
---|
| 3892 | + | Subdivision 1.Penalty.Violation of section 325E.125 is a misdemeanor. A manufacturer who |
---|
| 3893 | + | violates section 325E.125 is also subject to a minimum fine of $100 per violation. |
---|
| 3894 | + | 12R |
---|
| 3895 | + | APPENDIX |
---|
| 3896 | + | Repealed Minnesota Statutes: 25-02506 Subd. 2.Recovery of costs.Section 325E.125 may be enforced under section 115.071. In an |
---|
| 3897 | + | enforcement action under this section in which the state prevails, the state may recover reasonable |
---|
| 3898 | + | administrative expenses, court costs, and attorney fees incurred to take the enforcement action, in |
---|
| 3899 | + | an amount to be determined by the court. |
---|
| 3900 | + | 13R |
---|
| 3901 | + | APPENDIX |
---|
| 3902 | + | Repealed Minnesota Statutes: 25-02506 |
---|