Minnesota 2009 bill text

1.2relating to environment; requiring a recycling refund value to be placed on
1.3recyclable beverage containers; requiring labeling of beverage containers;
1.4providing for refunds for containers returned; requiring payment of unclaimed
1.5recycling refunds; appropriating money;amending Minnesota Statutes 2008,
1.6section 13.7411, subdivision 4; proposing coding for new law in Minnesota
1.7Statutes, chapter 115A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2008, section 13.7411, subdivision 4, is amended to read:
1.10    Subd. 4. Waste management. (a) Transfer station data. Data received by a
1.11county or district from a transfer station under section 115A.84, subdivision 5, are
1.12classified under that section.
1.13(b) Solid waste records. Records of solid waste facilities received, inspected,
1.14or copied by a county pursuant to section 115A.882 are classified pursuant to section
1.15115A.882, subdivision 3 .
1.16(c) Customer lists. Customer lists provided to counties or cities by solid waste
1.17collectors are classified under section 115A.93, subdivision 5.
1.18(d) Beverage container reporting. Data received by the Pollution Control Agency
1.19under section 115A.1355 are classified under that section.

1.20    Sec. 2. [115A.1350] DEFINITIONS.
1.21    Subdivision 1. Scope. For the purposes of sections 115A.1350 to 115A.1357, the
1.22following terms have the meanings given.
1.23    Subd. 2. Beverage. (a) "Beverage" means:
2.1(1) any soft drink, soda water, carbonated or uncarbonated natural or mineral water,
2.2juice, tea, or coffee;
2.3(2) beer, ale, or other malt liquor;
2.4(3) distilled spirits, wine, or mixed wine; and
2.5(4) other drinks in liquid form intended for human consumption.
2.6(b) "Beverage" does not include a liquid that is:
2.7(1) a syrup;
2.8(2) in concentrated form;
2.9(3) typically added as a minor flavoring ingredient in food or drink, such as extracts,
2.10cooking additives, sauces, or condiments;
2.11(4) a drug or infant formula, as defined in the Federal Food, Drug, and Cosmetic
2.12Act, United States Code, title 21, section 321, paragraph (g), clause (1), and paragraph
2.13(z), respectively; or
2.14(5) a medical food, as defined in the 1988 Orphan Drug Act Amendments, United
2.15States Code, title 21, section 360ee, paragraph (b), clause (3).
2.16    Subd. 3. Beverage container. "Beverage container" means an airtight metal, glass,
2.17or plastic container or a container composed of a combination of these materials that,
2.18when sold or offered for sale, contains one gallon or less of a beverage.
2.19    Subd. 4. Distilled spirits. "Distilled spirits" has the meaning given in section
2.20340A.101, subdivision 9.
2.21    Subd. 5. Distributor. "Distributor" means a person who sells beverages in beverage
2.22containers to a retailer in this state, including a manufacturer who engages in such sales.
2.23    Subd. 6. Malt liquor. "Malt liquor" has the meaning given in section 340A.101,
2.24subdivision 16.
2.25    Subd. 7. Manufacturer. "Manufacturer" means a person who places beverages in
2.26beverage containers for eventual sale to consumers.
2.27    Subd. 8. Mixed wine. "Mixed wine" means a drink containing less than seven
2.28percent alcohol by volume, consisting of wine and plain, sparkling, or carbonated water
2.29and other nonalcoholic ingredients.
2.30    Subd. 9. Person. "Person" has the meaning given in section 116.06, subdivision 17.
2.31    Subd. 10. Retailer. "Retailer" means a person who sells beverages in beverage
2.32containers to a consumer for consumption of the beverage.
2.33    Subd. 11. Unclaimed recycling refunds. "Unclaimed recycling refunds" means the
2.34difference between the dollar value of the total recycling refunds collected by a distributor
2.35or manufacturer on beverage containers sold in this state and the total recycling refunds
2.36paid for beverage containers redeemed by the distributor or manufacturer within this state.
3.1    Subd. 12. Wine. "Wine" has the meaning given in section 340A.101, subdivision 29.

3.2    Sec. 3. [115A.1351] BEVERAGE CONTAINER LABELING.
3.3(a) After January 1, 2010, no beverage container may be sold or offered for sale in
3.4the state unless it clearly indicates by embossing or imprinting on the product label, or in
3.5the case of a metal beverage container, on top of the container, the word "Minnesota" or
3.6the letters "MN" and the recycling refund value of the container in type at least one-eighth
3.7inch in height, or an alternate indication as may be approved by the commissioner. The
3.8names or abbreviations of other states that have enacted legislation comparable to that in
3.9sections 115A.1350 to 115A.1357 may be indicated on the container.
3.10(b) The commissioner may allow beverage containers containing distilled spirits or
3.11wine to be affixed with a continuous adhesive sticker to indicate the information required
3.12in paragraph (a), provided the size, placement, and adhesive qualities are as approved by
3.13the commissioner.
3.14(c) This section does not apply to permanently labeled beverage containers.

3.15    Sec. 4. [115A.1353] BEVERAGE CONTAINERS; RECYCLING REFUND
3.16VALUE.
3.17(a) A recycling refund value of not less than ten cents must be paid by the purchaser
3.18on each beverage container sold in this state by a retailer.
3.19(b) The recycling refund value must be paid to a person upon return of an empty
3.20beverage container upon which a recycling refund value has been paid:
3.21(1) by a retailer, provided that the beverage container is of a kind, size, and brand
3.22offered for sale by the retailer; or
3.23(2) by an operator of a redemption center approved under section 115A.1354.
3.24(c) A retailer or an operator of an approved redemption center is not required to
3.25accept and redeem a beverage container that:
3.26(1) is broken;
3.27(2) contains residue other than water, the beverage it originally contained, or dust;
3.28(3) is damaged to the extent that the brand on the container cannot be identified; or
3.29(4) was not purchased in this state.
3.30(d) A manufacturer or distributor must accept for redemption from a retailer that
3.31sells its beverage containers or from an operator of an approved redemption center any
3.32beverage container of a kind, size, and brand sold by the manufacturer or distributor,
3.33unless the beverage container is not redeemable under paragraph (c), and must pay
3.34the retailer or operator of an approved redemption center the recycling refund value
4.1established in paragraph (a) for each beverage container accepted for redemption, plus
4.2one cent per beverage container.

4.3    Sec. 5. [115A.1354] REDEMPTION CENTERS.
4.4(a) Any person may establish a redemption center, subject to the approval of the
4.5commissioner, at which any person may return empty beverage containers and receive
4.6payment of the containers' recycling refund value.
4.7(b) Application for approval of a redemption center must be made on a form
4.8prescribed by the commissioner.
4.9(c) The commissioner must approve a request to establish a redemption center if
4.10the commissioner determines that the redemption center provides a convenient service to
4.11persons for the return of empty beverage containers. The approval of the commissioner
4.12for a redemption center must state the kind and brand names of empty beverage containers
4.13that the redemption center must accept.
4.14(d) The commissioner may review approval of a request to establish a redemption
4.15center at any time and may, after public hearing, withdraw approval of a redemption
4.16center if the commissioner finds that the redemption center has not been in compliance
4.17with the commissioner's original approval or if the redemption center no longer provides a
4.18convenient service to the public.

4.19    Sec. 6. [115A.1355] REPORTING REQUIREMENT.
4.20    Subdivision 1. Report. Beginning January 1, 2011, and each year thereafter, a
4.21distributor or manufacturer must file a report with the agency, on a form prescribed by
4.22the commissioner, stating the dollar value of both the total recycling refunds collected on
4.23beverage containers sold in this state and the total recycling refunds paid for beverage
4.24containers redeemed by the distributor or manufacturer within this state.
4.25    Subd. 2. Data. Data reported under subdivision 1 by an individual distributor or
4.26manufacturer are classified as nonpublic data, as defined in section 13.02, subdivision
4.279, except that the agency may release the data in summary form in which individual
4.28distributors or manufacturers are not identified and from which neither their identities
4.29nor any other characteristics that could uniquely identify an individual distributor or
4.30manufacturer are ascertainable.

4.31    Sec. 7. [115A.1356] UNCLAIMED RECYCLING REFUNDS.
5.1    Subdivision 1. Payment. Not later than March 1, 2010, and each year thereafter,
5.2a distributor or manufacturer must pay to the commissioner the unclaimed recycling
5.3refunds for the previous year.
5.4    Subd. 2. Enforcement. (a) The Department of Revenue must enforce the
5.5obligation to pay the amount of money reflecting unclaimed recycling refunds owed to
5.6the state. The audit, assessment, appeal, collection, enforcement, disclosure, and other
5.7administrative provisions of chapters 270B, 270C, and 289A that apply to chapter 297A
5.8apply to unclaimed recycling refunds owed to the state. To enforce this subdivision, the
5.9commissioner of revenue may grant extensions to pay, and impose and abate penalties and
5.10interest on, unclaimed recycling refunds in the manner provided in chapters 270C and
5.11289A as if the unclaimed recycling refunds were imposed under chapter 297A.
5.12    Subd. 3. Nonpublic data. The Department of Revenue may disclose nonpublic
5.13data to the agency only when necessary for the efficient and effective administration of
5.14the activities regulated under sections 115A.1350 to 115A.1357. Any data disclosed
5.15by the department to the agency retains the classification it had when in the possession
5.16of the department.
5.17    Subd. 4. Creation of account; appropriations; deposits. (a) The unclaimed
5.18recycling refunds account is established in the environmental fund. The commissioner of
5.19revenue must deposit receipts collected under subdivision 1 in the account. Any interest
5.20earned on the account must be credited to the account. Money in the account at the end of
5.21a fiscal year remains in the account and does not cancel to the general fund.
5.22(b) Money in the account is annually appropriated to the agency for the purpose of
5.23implementing sections 115A.1350 to 115A.1357.
5.24(c) The commissioner shall expend all remaining revenues in the account as follows:
5.25(1) 50 percent shall be deposited in the environmental fund; and
5.26(2) 50 percent shall be allocated in equal amounts to counties for the purpose of
5.27solid waste management.

5.28    Sec. 8. [115A.1357] RULES.
5.29The commissioner may adopt rules necessary to implement sections 115A.1351
5.30to 115A.1356.

5.31    Sec. 9. EFFECTIVE DATE.
5.32Sections 1 to 8 are effective the day following final enactment.

Updated August 21, 2009