Bill Text: MN HF2909 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Solar photovoltaic module product stewardship program required, retail sales fee provided, placement prohibited in mixed municipal solid waste, report required, and money appropriated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-10 - Introduction and first reading, referred to Environment and Natural Resources Policy [HF2909 Detail]
Download: Minnesota-2013-HF2909-Introduced.html
1.2relating to solid waste; requiring product stewardship program for solar
1.3photovoltaic modules; providing for fee on retail sales of solar photovoltaic
1.4modules; prohibiting placement of solar photovoltaic modules in mixed
1.5municipal solid waste; requiring a report; appropriating money;amending
1.6Minnesota Statutes 2013 Supplement, sections 13.7411, subdivision 4; 115A.142;
1.7proposing coding for new law in Minnesota Statutes, chapter 115A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2013 Supplement, section 13.7411, subdivision 4,
1.10is amended to read:
1.11 Subd. 4. Waste management. (a) Product stewardshipprogram programs.
1.12Trade secret and sales data information submitted to the Pollution Control Agency under
1.13the product stewardshipprogram programs is classified under section sections
115A.1415
1.14 and 115A.1416.
1.15(b) Transfer station data. Data received by a county or district from a transfer
1.16station under section115A.84, subdivision 5 , are classified under that section.
1.17(c) Solid waste records. Records of solid waste facilities received, inspected,
1.18or copied by a county pursuant to section115A.882 are classified pursuant to section
1.19115A.882, subdivision 3
.
1.20(d) Customer lists. Customer lists provided to counties or cities by solid waste
1.21collectors are classified under section115A.93, subdivision 5 .
1.22 Sec. 2. [115A.1416] SOLAR PHOTOVOLTAIC MODULES; PRODUCT
1.23STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given:
2.3(1) "brand" means a name, symbol, word, or mark that identifies solar photovoltaic
2.4modules, rather than its components, and attributes the solar photovoltaic modules to the
2.5owner or licensee of the brand as the producer;
2.6(2) "discarded solar photovoltaic modules" means solar photovoltaic modules that
2.7are no longer used for their manufactured purpose;
2.8(3) "producer" means a person that:
2.9(i) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic
2.10modules sold in the state;
2.11(ii) imports solar photovoltaic modules branded by a producer that meets item (i)
2.12when the producer has no physical presence in the United States;
2.13(iii) if items (i) and (ii) do not apply, makes unbranded solar photovoltaic modules
2.14that are sold in the state; or
2.15(iv) sells solar photovoltaic modules at wholesale or retail, does not have legal
2.16ownership of the brand, and elects to fulfill the responsibilities of the producer for the solar
2.17photovoltaic modules by certifying that election in writing to the commissioner;
2.18(4) "recycling" means the process of collecting and preparing recyclable materials
2.19and using them in manufacturing processes that do not cause the destruction of recyclable
2.20materials in a manner that precludes further use;
2.21(5) "retailer" means any person who offers solar photovoltaic modules for sale
2.22at retail in the state;
2.23(6) "sale" or "sell" means transfer of title of solar photovoltaic modules for
2.24consideration, including a remote sale conducted through a sales outlet, catalog, Web site,
2.25or similar electronic means. Sale or sell includes a lease through which solar photovoltaic
2.26modules are provided to a consumer by a producer, wholesaler, or retailer;
2.27(7) "solar photovoltaic module" has the meaning given in section 116C.7791,
2.28subdivision 1;
2.29(8) "stewardship assessment" means the amount added to the purchase price of solar
2.30photovoltaic modules sold in the state that is necessary to cover the cost of collecting,
2.31transporting, and processing postconsumer solar photovoltaic modules by the producer or
2.32stewardship organization pursuant to a product stewardship program;
2.33(9) "stewardship organization" means an organization appointed by one or more
2.34producers to act as an agent on behalf of the producer to design, submit, and administer a
2.35product stewardship program under this section; and
3.1(10) "stewardship plan" means a detailed plan describing the manner in which a
3.2product stewardship program under subdivision 2 will be implemented.
3.3 Subd. 2. Product stewardship program. For solar photovoltaic modules sold in
3.4the state, producers must, individually or through a stewardship organization, implement
3.5and finance a statewide product stewardship program that manages the solar photovoltaic
3.6modules by reducing their waste generation, promoting their recycling, and providing
3.7for negotiation and execution of agreements to collect, transport, and process the solar
3.8photovoltaic modules for end-of-life recycling.
3.9 Subd. 3. Requirement for sale. (a) On and after July 1, 2015, or three months after
3.10program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
3.11or offer for sale in the state solar photovoltaic modules unless the solar photovoltaic
3.12modules' producer participates in an approved stewardship plan, either individually or
3.13through a stewardship organization.
3.14(b) Each producer must operate a product stewardship program approved by the
3.15agency or enter into an agreement with a stewardship organization to operate, on the
3.16producer's behalf, a product stewardship program approved by the agency.
3.17 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and
3.18before offering solar photovoltaic modules for sale in the state, a producer must submit
3.19a stewardship plan to the agency and receive approval of the plan or must submit
3.20documentation to the agency that demonstrates the producer has entered into an agreement
3.21with a stewardship organization to be an active participant in an approved product
3.22stewardship program as described in subdivision 2. A stewardship plan must include
3.23all elements required under subdivision 5.
3.24(b) An amendment to the plan, if determined necessary by the commissioner, must
3.25be submitted every five years.
3.26(c) It is the responsibility of the entities responsible for each stewardship plan to
3.27notify the agency within 30 days of any significant changes or modifications to the plan or
3.28its implementation. Within 30 days of the notification, a written plan revision must be
3.29submitted to the agency for review and approval.
3.30 Subd. 5. Stewardship plan content. A stewardship plan must contain:
3.31(1) certification that the product stewardship program will accept all discarded
3.32solar photovoltaic modules regardless of which producer produced the solar photovoltaic
3.33modules and their individual components;
3.34(2) contact information for the individual and the entity submitting the plan, a list of
3.35all producers participating in the product stewardship program, and the brands covered by
3.36the product stewardship program;
4.1(3) a description of the methods by which the discarded solar photovoltaic modules
4.2will be collected in all areas in the state without relying on end-of-life fees, including an
4.3explanation of how the collection system will be convenient and adequate to serve the
4.4needs of small businesses and residents in both urban and rural areas on an ongoing basis
4.5and a discussion of how the existing household hazardous waste infrastructure will be
4.6considered when selecting collection sites;
4.7(4) a description of how the adequacy of the collection program will be monitored
4.8and maintained;
4.9(5) the names and locations of collectors, transporters, and recyclers that will
4.10manage discarded solar photovoltaic modules;
4.11(6) a description of how discarded solar photovoltaic modules and their components
4.12will be safely and securely transported, tracked, and handled from collection through
4.13final recycling and processing;
4.14(7) a description of the method that will be used to dismantle and recycle discarded
4.15solar photovoltaic modules to ensure that the solar photovoltaic modules' components, to
4.16the extent feasible, are transformed or remanufactured into finished products for use;
4.17(8) a description of the promotion and outreach activities that will be used to
4.18encourage participation in the collection and recycling program and how the activities'
4.19effectiveness will be evaluated and the program modified, if necessary;
4.20(9) the proposed stewardship assessment. The producer or stewardship organization
4.21shall propose a uniform stewardship assessment for all solar photovoltaic modules sold
4.22in the state. The proposed stewardship assessment shall be reviewed by an independent
4.23auditor to ensure that the assessment does not exceed the costs of the product stewardship
4.24program, and the independent auditor shall recommend an amount for the stewardship
4.25assessment. The agency must approve the stewardship assessment;
4.26(10) evidence of adequate insurance and financial assurance that may be required for
4.27collection, handling, recycling, and disposal operations;
4.28(11) five-year performance goals, including an estimate of the percentage of
4.29discarded solar photovoltaic modules that will be collected and recycled during each of
4.30the first five years of the stewardship plan. The performance goals must include a specific
4.31goal for the amount of discarded solar photovoltaic modules that will be collected and
4.32recycled during each year of the plan. The performance goals must be based on:
4.33(i) the most recent collection data available for the state;
4.34(ii) the estimated number and weight of solar photovoltaic modules disposed of
4.35annually; and
5.1(iii) actual collection data from other existing stewardship programs. The
5.2stewardship plan must state the methodology used to determine these goals; and
5.3(12) a discussion of the status of end markets for collected solar photovoltaic
5.4modules and what, if any, additional end markets are needed to improve the functioning
5.5of the program.
5.6 Subd. 6. Consultation required. In developing a stewardship plan, each stewardship
5.7organization or individual producer must consult with stakeholders including retailers,
5.8solar photovoltaic module installers, owners, collectors, recyclers, and local government.
5.9 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a
5.10proposed stewardship plan, the agency shall determine whether the plan complies with
5.11subdivision 5. If the agency approves a plan, the agency shall notify the applicant in
5.12writing of the plan's approval and implementation date, which must be no later than 90
5.13days after written notice of the plan's approval. If the agency rejects a plan, the agency
5.14shall notify the applicant in writing of the reasons for rejecting the plan. An applicant
5.15whose plan is rejected by the agency must submit a revised plan to the agency within
5.1660 days after receiving notice of rejection.
5.17(b) Any proposed changes to a stewardship plan must be approved by the agency
5.18in writing.
5.19 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
5.20placed on the agency's Web site and made available at the agency's headquarters for
5.21public review and comment.
5.22 Subd. 9. Conduct authorized. A producer or stewardship organization that
5.23organizes collection, transport, and processing of solar photovoltaic modules under this
5.24section is immune from liability for the conduct under state laws relating to antitrust,
5.25restraint of trade, unfair trade practices, and other regulation of trade or commerce only
5.26to the extent that the conduct is necessary to plan and implement the producer's or
5.27organization's chosen organized collection or recycling system.
5.28 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
5.29of a product stewardship program according to this section, a producer of solar photovoltaic
5.30modules must add the stewardship assessment, as approved by the agency, to the cost of
5.31solar photovoltaic modules sold to retailers and distributors in the state by the producer.
5.32(b) Producers of solar photovoltaic modules or the stewardship organization shall
5.33provide consumers with educational materials regarding the stewardship assessment
5.34and product stewardship program. The materials must include, but are not limited to,
5.35information regarding available end-of-life management options for solar photovoltaic
5.36modules offered through the product stewardship program and information that notifies
6.1consumers that a charge for the operation of the product stewardship program is included
6.2in the purchase price of solar photovoltaic modules sold in the state.
6.3(c) A producer or stewardship organization must conduct and document due
6.4diligence assessments of collectors and recyclers it contracts with, including an assessment
6.5of items specified under subdivision 11. A producer or stewardship organization is
6.6responsible for maintaining, for a period of three years, documentation that all solar
6.7photovoltaic modules recycled, partially recycled, or sent to downstream recycling
6.8operations comply with subdivision 11.
6.9(d) A producer or stewardship organization must provide the agency with contact
6.10information for a person who can be contacted regarding the producer's or stewardship
6.11organization's activities under this section.
6.12 Subd. 11. Responsibility of recyclers. By September 1 each year, a recycler must
6.13certify to the agency that facilities that recycle solar photovoltaic modules, including all
6.14downstream recycling operations:
6.15(1) comply with all applicable health, environmental, safety, and financial
6.16responsibility regulations;
6.17(2) are licensed by all applicable governmental authorities;
6.18(3) use no prison labor to recycle solar photovoltaic modules; and
6.19(4) possess liability insurance of not less than $1,000,000 for environmental releases,
6.20accidents, and other emergencies.
6.21 Subd. 12. Responsibility of retailers. (a) On and after July 1, 2015, or three
6.22months after program plan approval, whichever is sooner, no solar photovoltaic modules
6.23may be sold in the state unless the solar photovoltaic modules' producer is participating
6.24in an approved stewardship plan.
6.25(b) On and after the implementation date of a product stewardship program according
6.26to this section, no retailer or distributor, as applicable, may offer solar photovoltaic
6.27modules for sale in this state unless the full amount of the stewardship assessment added
6.28to the cost of solar photovoltaic modules by producers under subdivision 10 is included
6.29in the purchase price of the solar photovoltaic modules.
6.30(c) Any retailer may participate, on a voluntary basis, as a designated collection
6.31point pursuant to a product stewardship program under this section and in accordance
6.32with applicable law.
6.33(d) No retailer or distributor shall be found to be in violation of this subdivision if,
6.34on the date a solar photovoltaic module sold by the retailer or distributor was ordered
6.35from the producer or its agent, the producer was listed as compliant on the agency's Web
6.36site according to subdivision 15.
7.1 Subd. 13. Stewardship reports. Beginning October 1, 2015, and each October 1
7.2thereafter, producers of solar photovoltaic modules sold in the state must individually or
7.3through a stewardship organization submit a report to the agency describing the product
7.4stewardship program. At a minimum, the report must contain:
7.5(1) a description of the methods used to collect, transport, and process solar
7.6photovoltaic modules in all regions of the state;
7.7(2) the number and weight of all solar photovoltaic modules collected in all regions
7.8of the state and a comparison to the performance goals and recycling rates contained
7.9in the stewardship plan;
7.10(3) samples of educational materials provided to consumers and an evaluation of the
7.11effectiveness of the materials and the methods used to disseminate the materials; and
7.12(4) an independent financial audit of the stewardship program.
7.13 Subd. 14. Data classification. Trade secret information, as defined under section
7.1413.37, and sales information submitted to the agency under this section are nonpublic or
7.15private data under section 13.37.
7.16 Subd. 15. Agency responsibilities. The agency shall provide on its Web site a list of
7.17all compliant producers and brands participating in approved stewardship plans and a list
7.18of all producers and brands the agency has identified as noncompliant with this section.
7.19 Subd. 16. Local government responsibilities. (a) A city, county, or other public
7.20agency may choose to participate voluntarily in a product stewardship program.
7.21(b) Cities, counties, and other public agencies are encouraged to work with producers
7.22and stewardship organizations to assist in meeting product stewardship program recycling
7.23obligations by providing education and outreach or using other strategies.
7.24 Subd. 17. Administrative fee. (a) The stewardship organization or individual
7.25producer submitting a stewardship plan shall pay an annual administrative fee to the
7.26commissioner. The agency may establish a variable fee based on relevant factors,
7.27including, but not limited to, the portion of solar photovoltaic modules sold in the state by
7.28members of the organization compared to the total amount of solar photovoltaic modules
7.29sold in the state by all organizations submitting a stewardship plan.
7.30(b) By June 30, 2015, and by June 30 annually thereafter, the agency shall identify
7.31the costs it incurs under this section. The agency shall set the fee at an amount that, when
7.32paid by every stewardship organization or individual producer that submits a stewardship
7.33plan, is adequate to reimburse the agency's full costs of administering this section. The
7.34total amount of annual fees collected under this subdivision must not exceed the amount
7.35necessary to reimburse costs incurred by the agency to administer this section.
8.1(c) A stewardship organization or individual producer subject to this subdivision
8.2must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015, and
8.3annually thereafter. Each year after the initial payment, the annual administrative fee may
8.4not exceed five percent of the aggregate stewardship assessment added to the cost of all
8.5solar photovoltaic modules sold by producers in the state for the preceding calendar year.
8.6(d) All fees received under this section shall be deposited to the state treasury and
8.7credited to a product stewardship account in the special revenue fund. For fiscal years
8.82015 and 2016, the amount collected under this section is annually appropriated to the
8.9agency to implement and enforce this section.
8.10 Sec. 3. Minnesota Statutes 2013 Supplement, section 115A.142, is amended to read:
8.11115A.142 REPORT TO LEGISLATURE AND GOVERNOR.
8.12As part of the report required under section115A.121 , the commissioner of the
8.13Pollution Control Agency shall provide a report to the governor and the legislature on the
8.14implementation ofsection sections
115A.1415 and 115A.1416 .
8.15 Sec. 4. [115A.9657] SOLAR PHOTOVOLTAIC MODULE PROHIBITION.
8.16A person may not place a solar photovoltaic module in mixed municipal solid waste.
8.17EFFECTIVE DATE.This section is effective July 1, 2015.
1.3photovoltaic modules; providing for fee on retail sales of solar photovoltaic
1.4modules; prohibiting placement of solar photovoltaic modules in mixed
1.5municipal solid waste; requiring a report; appropriating money;amending
1.6Minnesota Statutes 2013 Supplement, sections 13.7411, subdivision 4; 115A.142;
1.7proposing coding for new law in Minnesota Statutes, chapter 115A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2013 Supplement, section 13.7411, subdivision 4,
1.10is amended to read:
1.11 Subd. 4. Waste management. (a) Product stewardship
1.12Trade secret and sales data information submitted to the Pollution Control Agency under
1.13the product stewardship
1.14
1.15(b) Transfer station data. Data received by a county or district from a transfer
1.16station under section
1.17(c) Solid waste records. Records of solid waste facilities received, inspected,
1.18or copied by a county pursuant to section
1.20(d) Customer lists. Customer lists provided to counties or cities by solid waste
1.21collectors are classified under section
1.22 Sec. 2. [115A.1416] SOLAR PHOTOVOLTAIC MODULES; PRODUCT
1.23STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given:
2.3(1) "brand" means a name, symbol, word, or mark that identifies solar photovoltaic
2.4modules, rather than its components, and attributes the solar photovoltaic modules to the
2.5owner or licensee of the brand as the producer;
2.6(2) "discarded solar photovoltaic modules" means solar photovoltaic modules that
2.7are no longer used for their manufactured purpose;
2.8(3) "producer" means a person that:
2.9(i) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic
2.10modules sold in the state;
2.11(ii) imports solar photovoltaic modules branded by a producer that meets item (i)
2.12when the producer has no physical presence in the United States;
2.13(iii) if items (i) and (ii) do not apply, makes unbranded solar photovoltaic modules
2.14that are sold in the state; or
2.15(iv) sells solar photovoltaic modules at wholesale or retail, does not have legal
2.16ownership of the brand, and elects to fulfill the responsibilities of the producer for the solar
2.17photovoltaic modules by certifying that election in writing to the commissioner;
2.18(4) "recycling" means the process of collecting and preparing recyclable materials
2.19and using them in manufacturing processes that do not cause the destruction of recyclable
2.20materials in a manner that precludes further use;
2.21(5) "retailer" means any person who offers solar photovoltaic modules for sale
2.22at retail in the state;
2.23(6) "sale" or "sell" means transfer of title of solar photovoltaic modules for
2.24consideration, including a remote sale conducted through a sales outlet, catalog, Web site,
2.25or similar electronic means. Sale or sell includes a lease through which solar photovoltaic
2.26modules are provided to a consumer by a producer, wholesaler, or retailer;
2.27(7) "solar photovoltaic module" has the meaning given in section 116C.7791,
2.28subdivision 1;
2.29(8) "stewardship assessment" means the amount added to the purchase price of solar
2.30photovoltaic modules sold in the state that is necessary to cover the cost of collecting,
2.31transporting, and processing postconsumer solar photovoltaic modules by the producer or
2.32stewardship organization pursuant to a product stewardship program;
2.33(9) "stewardship organization" means an organization appointed by one or more
2.34producers to act as an agent on behalf of the producer to design, submit, and administer a
2.35product stewardship program under this section; and
3.1(10) "stewardship plan" means a detailed plan describing the manner in which a
3.2product stewardship program under subdivision 2 will be implemented.
3.3 Subd. 2. Product stewardship program. For solar photovoltaic modules sold in
3.4the state, producers must, individually or through a stewardship organization, implement
3.5and finance a statewide product stewardship program that manages the solar photovoltaic
3.6modules by reducing their waste generation, promoting their recycling, and providing
3.7for negotiation and execution of agreements to collect, transport, and process the solar
3.8photovoltaic modules for end-of-life recycling.
3.9 Subd. 3. Requirement for sale. (a) On and after July 1, 2015, or three months after
3.10program plan approval, whichever is sooner, no producer, wholesaler, or retailer may sell
3.11or offer for sale in the state solar photovoltaic modules unless the solar photovoltaic
3.12modules' producer participates in an approved stewardship plan, either individually or
3.13through a stewardship organization.
3.14(b) Each producer must operate a product stewardship program approved by the
3.15agency or enter into an agreement with a stewardship organization to operate, on the
3.16producer's behalf, a product stewardship program approved by the agency.
3.17 Subd. 4. Requirement to submit plan. (a) On or before March 1, 2015, and
3.18before offering solar photovoltaic modules for sale in the state, a producer must submit
3.19a stewardship plan to the agency and receive approval of the plan or must submit
3.20documentation to the agency that demonstrates the producer has entered into an agreement
3.21with a stewardship organization to be an active participant in an approved product
3.22stewardship program as described in subdivision 2. A stewardship plan must include
3.23all elements required under subdivision 5.
3.24(b) An amendment to the plan, if determined necessary by the commissioner, must
3.25be submitted every five years.
3.26(c) It is the responsibility of the entities responsible for each stewardship plan to
3.27notify the agency within 30 days of any significant changes or modifications to the plan or
3.28its implementation. Within 30 days of the notification, a written plan revision must be
3.29submitted to the agency for review and approval.
3.30 Subd. 5. Stewardship plan content. A stewardship plan must contain:
3.31(1) certification that the product stewardship program will accept all discarded
3.32solar photovoltaic modules regardless of which producer produced the solar photovoltaic
3.33modules and their individual components;
3.34(2) contact information for the individual and the entity submitting the plan, a list of
3.35all producers participating in the product stewardship program, and the brands covered by
3.36the product stewardship program;
4.1(3) a description of the methods by which the discarded solar photovoltaic modules
4.2will be collected in all areas in the state without relying on end-of-life fees, including an
4.3explanation of how the collection system will be convenient and adequate to serve the
4.4needs of small businesses and residents in both urban and rural areas on an ongoing basis
4.5and a discussion of how the existing household hazardous waste infrastructure will be
4.6considered when selecting collection sites;
4.7(4) a description of how the adequacy of the collection program will be monitored
4.8and maintained;
4.9(5) the names and locations of collectors, transporters, and recyclers that will
4.10manage discarded solar photovoltaic modules;
4.11(6) a description of how discarded solar photovoltaic modules and their components
4.12will be safely and securely transported, tracked, and handled from collection through
4.13final recycling and processing;
4.14(7) a description of the method that will be used to dismantle and recycle discarded
4.15solar photovoltaic modules to ensure that the solar photovoltaic modules' components, to
4.16the extent feasible, are transformed or remanufactured into finished products for use;
4.17(8) a description of the promotion and outreach activities that will be used to
4.18encourage participation in the collection and recycling program and how the activities'
4.19effectiveness will be evaluated and the program modified, if necessary;
4.20(9) the proposed stewardship assessment. The producer or stewardship organization
4.21shall propose a uniform stewardship assessment for all solar photovoltaic modules sold
4.22in the state. The proposed stewardship assessment shall be reviewed by an independent
4.23auditor to ensure that the assessment does not exceed the costs of the product stewardship
4.24program, and the independent auditor shall recommend an amount for the stewardship
4.25assessment. The agency must approve the stewardship assessment;
4.26(10) evidence of adequate insurance and financial assurance that may be required for
4.27collection, handling, recycling, and disposal operations;
4.28(11) five-year performance goals, including an estimate of the percentage of
4.29discarded solar photovoltaic modules that will be collected and recycled during each of
4.30the first five years of the stewardship plan. The performance goals must include a specific
4.31goal for the amount of discarded solar photovoltaic modules that will be collected and
4.32recycled during each year of the plan. The performance goals must be based on:
4.33(i) the most recent collection data available for the state;
4.34(ii) the estimated number and weight of solar photovoltaic modules disposed of
4.35annually; and
5.1(iii) actual collection data from other existing stewardship programs. The
5.2stewardship plan must state the methodology used to determine these goals; and
5.3(12) a discussion of the status of end markets for collected solar photovoltaic
5.4modules and what, if any, additional end markets are needed to improve the functioning
5.5of the program.
5.6 Subd. 6. Consultation required. In developing a stewardship plan, each stewardship
5.7organization or individual producer must consult with stakeholders including retailers,
5.8solar photovoltaic module installers, owners, collectors, recyclers, and local government.
5.9 Subd. 7. Agency review and approval. (a) Within 90 days after receipt of a
5.10proposed stewardship plan, the agency shall determine whether the plan complies with
5.11subdivision 5. If the agency approves a plan, the agency shall notify the applicant in
5.12writing of the plan's approval and implementation date, which must be no later than 90
5.13days after written notice of the plan's approval. If the agency rejects a plan, the agency
5.14shall notify the applicant in writing of the reasons for rejecting the plan. An applicant
5.15whose plan is rejected by the agency must submit a revised plan to the agency within
5.1660 days after receiving notice of rejection.
5.17(b) Any proposed changes to a stewardship plan must be approved by the agency
5.18in writing.
5.19 Subd. 8. Plan availability. All draft and approved stewardship plans shall be
5.20placed on the agency's Web site and made available at the agency's headquarters for
5.21public review and comment.
5.22 Subd. 9. Conduct authorized. A producer or stewardship organization that
5.23organizes collection, transport, and processing of solar photovoltaic modules under this
5.24section is immune from liability for the conduct under state laws relating to antitrust,
5.25restraint of trade, unfair trade practices, and other regulation of trade or commerce only
5.26to the extent that the conduct is necessary to plan and implement the producer's or
5.27organization's chosen organized collection or recycling system.
5.28 Subd. 10. Responsibility of producers. (a) On and after the date of implementation
5.29of a product stewardship program according to this section, a producer of solar photovoltaic
5.30modules must add the stewardship assessment, as approved by the agency, to the cost of
5.31solar photovoltaic modules sold to retailers and distributors in the state by the producer.
5.32(b) Producers of solar photovoltaic modules or the stewardship organization shall
5.33provide consumers with educational materials regarding the stewardship assessment
5.34and product stewardship program. The materials must include, but are not limited to,
5.35information regarding available end-of-life management options for solar photovoltaic
5.36modules offered through the product stewardship program and information that notifies
6.1consumers that a charge for the operation of the product stewardship program is included
6.2in the purchase price of solar photovoltaic modules sold in the state.
6.3(c) A producer or stewardship organization must conduct and document due
6.4diligence assessments of collectors and recyclers it contracts with, including an assessment
6.5of items specified under subdivision 11. A producer or stewardship organization is
6.6responsible for maintaining, for a period of three years, documentation that all solar
6.7photovoltaic modules recycled, partially recycled, or sent to downstream recycling
6.8operations comply with subdivision 11.
6.9(d) A producer or stewardship organization must provide the agency with contact
6.10information for a person who can be contacted regarding the producer's or stewardship
6.11organization's activities under this section.
6.12 Subd. 11. Responsibility of recyclers. By September 1 each year, a recycler must
6.13certify to the agency that facilities that recycle solar photovoltaic modules, including all
6.14downstream recycling operations:
6.15(1) comply with all applicable health, environmental, safety, and financial
6.16responsibility regulations;
6.17(2) are licensed by all applicable governmental authorities;
6.18(3) use no prison labor to recycle solar photovoltaic modules; and
6.19(4) possess liability insurance of not less than $1,000,000 for environmental releases,
6.20accidents, and other emergencies.
6.21 Subd. 12. Responsibility of retailers. (a) On and after July 1, 2015, or three
6.22months after program plan approval, whichever is sooner, no solar photovoltaic modules
6.23may be sold in the state unless the solar photovoltaic modules' producer is participating
6.24in an approved stewardship plan.
6.25(b) On and after the implementation date of a product stewardship program according
6.26to this section, no retailer or distributor, as applicable, may offer solar photovoltaic
6.27modules for sale in this state unless the full amount of the stewardship assessment added
6.28to the cost of solar photovoltaic modules by producers under subdivision 10 is included
6.29in the purchase price of the solar photovoltaic modules.
6.30(c) Any retailer may participate, on a voluntary basis, as a designated collection
6.31point pursuant to a product stewardship program under this section and in accordance
6.32with applicable law.
6.33(d) No retailer or distributor shall be found to be in violation of this subdivision if,
6.34on the date a solar photovoltaic module sold by the retailer or distributor was ordered
6.35from the producer or its agent, the producer was listed as compliant on the agency's Web
6.36site according to subdivision 15.
7.1 Subd. 13. Stewardship reports. Beginning October 1, 2015, and each October 1
7.2thereafter, producers of solar photovoltaic modules sold in the state must individually or
7.3through a stewardship organization submit a report to the agency describing the product
7.4stewardship program. At a minimum, the report must contain:
7.5(1) a description of the methods used to collect, transport, and process solar
7.6photovoltaic modules in all regions of the state;
7.7(2) the number and weight of all solar photovoltaic modules collected in all regions
7.8of the state and a comparison to the performance goals and recycling rates contained
7.9in the stewardship plan;
7.10(3) samples of educational materials provided to consumers and an evaluation of the
7.11effectiveness of the materials and the methods used to disseminate the materials; and
7.12(4) an independent financial audit of the stewardship program.
7.13 Subd. 14. Data classification. Trade secret information, as defined under section
7.1413.37, and sales information submitted to the agency under this section are nonpublic or
7.15private data under section 13.37.
7.16 Subd. 15. Agency responsibilities. The agency shall provide on its Web site a list of
7.17all compliant producers and brands participating in approved stewardship plans and a list
7.18of all producers and brands the agency has identified as noncompliant with this section.
7.19 Subd. 16. Local government responsibilities. (a) A city, county, or other public
7.20agency may choose to participate voluntarily in a product stewardship program.
7.21(b) Cities, counties, and other public agencies are encouraged to work with producers
7.22and stewardship organizations to assist in meeting product stewardship program recycling
7.23obligations by providing education and outreach or using other strategies.
7.24 Subd. 17. Administrative fee. (a) The stewardship organization or individual
7.25producer submitting a stewardship plan shall pay an annual administrative fee to the
7.26commissioner. The agency may establish a variable fee based on relevant factors,
7.27including, but not limited to, the portion of solar photovoltaic modules sold in the state by
7.28members of the organization compared to the total amount of solar photovoltaic modules
7.29sold in the state by all organizations submitting a stewardship plan.
7.30(b) By June 30, 2015, and by June 30 annually thereafter, the agency shall identify
7.31the costs it incurs under this section. The agency shall set the fee at an amount that, when
7.32paid by every stewardship organization or individual producer that submits a stewardship
7.33plan, is adequate to reimburse the agency's full costs of administering this section. The
7.34total amount of annual fees collected under this subdivision must not exceed the amount
7.35necessary to reimburse costs incurred by the agency to administer this section.
8.1(c) A stewardship organization or individual producer subject to this subdivision
8.2must pay the agency's administrative fee under paragraph (a) on or before July 1, 2015, and
8.3annually thereafter. Each year after the initial payment, the annual administrative fee may
8.4not exceed five percent of the aggregate stewardship assessment added to the cost of all
8.5solar photovoltaic modules sold by producers in the state for the preceding calendar year.
8.6(d) All fees received under this section shall be deposited to the state treasury and
8.7credited to a product stewardship account in the special revenue fund. For fiscal years
8.82015 and 2016, the amount collected under this section is annually appropriated to the
8.9agency to implement and enforce this section.
8.10 Sec. 3. Minnesota Statutes 2013 Supplement, section 115A.142, is amended to read:
8.11115A.142 REPORT TO LEGISLATURE AND GOVERNOR.
8.12As part of the report required under section
8.13Pollution Control Agency shall provide a report to the governor and the legislature on the
8.14implementation of
8.15 Sec. 4. [115A.9657] SOLAR PHOTOVOLTAIC MODULE PROHIBITION.
8.16A person may not place a solar photovoltaic module in mixed municipal solid waste.
8.17EFFECTIVE DATE.This section is effective July 1, 2015.
