Batteries stewardship program establishment, mercury prohibition in batteries provision, lead acid batteries and rechargeable consumer products provisions modifications, and appropriation

1.1 A bill for an act​ 1.2 relating to environment; establishing stewardship program for batteries; prohibiting​ 1.3 mercury in batteries; modifying provisions for lead acid batteries and rechargeable​ 1.4 consumer products; authorizing rulemaking; appropriating money; amending​ 1.5 Minnesota Statutes 2024, sections 115.071, subdivision 1; 115A.03, by adding​ 1.6 subdivisions; 115A.554; 115A.9157; 116.92, subdivision 6, by adding a​ 1.7 subdivision; 325E.1151, subdivisions 1, 2, 3, by adding a subdivision; 325E.12;​ 1.8 325E.125, subdivisions 3, 5; 325E.1251, subdivision 2; proposing coding for new​ 1.9 law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2024,​ 1.10 sections 115A.9155; 115A.961, subdivisions 1, 2, 3; 325E.115; 325E.1151,​ 1.11 subdivision 4; 325E.125, subdivisions 1, 2, 2a, 4; 325E.1251, subdivision 1.​ 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.13 Section 1. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read:​ 1.14 Subdivision 1. Remedies available. The provisions of sections 103F.701 to 103F.755,​ 1.15 this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 325E.12​ 1.16 and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance,​ 1.17 and permits adopted or issued by the agency thereunder or under any other law now in force​ 1.18 or hereafter enacted for the prevention, control, or abatement of pollution may be enforced​ 1.19 by any one or any combination of the following: criminal prosecution; action to recover​ 1.20 civil penalties; injunction; action to compel or cease performance; or other appropriate​ 1.21 action, in accordance with the provisions of said chapters and this section.​ 1.22 EFFECTIVE DATE. This section is effective January 1, 2030.​ 1​Section 1.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ SENATE​ STATE OF MINNESOTA​ S.F. No. 4679​NINETY-FOURTH SESSION​ (SENATE AUTHORS: KUPEC, Hawj and Johnson Stewart)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​03/23/2026​ Referred to Environment, Climate, and Legacy​ 2.1 Sec. 2. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to​ 2.2 read:​ 2.3 Subd. 3b. Battery. "Battery" means one or more galvanic cells, including any structural​ 2.4 members, casing, and terminals.​ 2.5 EFFECTIVE DATE. This section is effective July 1, 2026.​ 2.6 Sec. 3. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to​ 2.7 read:​ 2.8 Subd. 10d. Distribute. "Distribute" means to sell, offer, supply, ship, transport, or deliver​ 2.9 a product to a person that sells, offers, supplies, ships, transports, or delivers the product in​ 2.10 or into this state, regardless of whether title to the product is ever acquired by a person​ 2.11 distributing the product.​ 2.12 Sec. 4. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to​ 2.13 read:​ 2.14 Subd. 10g. Facilitate a sale. "Facilitate a sale" means to assist a person in transferring​ 2.15 title or possession of a product, regardless of whether title or possession is ever acquired​ 2.16 by the person facilitating a sale, such as by operating an online marketplace, publishing an​ 2.17 offer for sale on a website, physically storing inventory of products, entering into a contract​ 2.18 to allow another person to list a product for sale, processing payment on behalf of another​ 2.19 person, entering into a contract with a buyer or a seller related to a sale, or otherwise​ 2.20 providing a sales process. Facilitate a sale does not include acting solely as:​ 2.21 (1) an advertiser;​ 2.22 (2) a payment processor; or​ 2.23 (3) a common carrier.​ 2.24 EFFECTIVE DATE. This section is effective July 1, 2026.​ 2.25 Sec. 5. [115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES;​ 2.26 DEFINITIONS.​ 2.27 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this​ 2.28 section and section 115A.03.​ 2.29 (b) "Battery-containing product" means a product in which a battery is contained or to​ 2.30 which a battery is attached.​ 2​Sec. 5.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 3.1 (c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a​ 3.2 symbol, a word, or an identifier that attributes a product to the owner or licensee of the​ 3.3 brand. If there is no such mark, trademark, logo, name, symbol, word, or identifier, the​ 3.4 brand is the name of a covered battery producer.​ 3.5 (d) "Collection" means receipt of discarded covered batteries from a person, including​ 3.6 sorting and storage that are necessary for receipt and that are performed by the covered​ 3.7 battery collector. Collection does not include transport of a covered battery that occurs after​ 3.8 a covered battery collector receives the covered battery, except for transport by the covered​ 3.9 battery collector to or between a covered battery collection site or sites operated by the​ 3.10 covered battery collector.​ 3.11 (e) "Covered battery" means a loose battery or a battery that is easily removable from​ 3.12 a battery-containing product. Covered battery may be of any brand, type, physical size,​ 3.13 energy capacity, or chemistry. Covered battery does not include:​ 3.14 (1) a large lead acid battery;​ 3.15 (2) a battery designed, manufactured, and intended solely for use in a motor vehicle as​ 3.16 defined under section 168.002;​ 3.17 (3) a battery designed, manufactured, and intended solely for use in manufacturing,​ 3.18 industrial, or other commercial settings;​ 3.19 (4) a battery designed, manufactured, and intended solely for use in a medical device,​ 3.20 as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section​ 3.21 301 et seq., except for such a device marketed for use in a household, as defined in section​ 3.22 115A.96; or​ 3.23 (5) a battery removed from a permanent, stationary, energy storage system that requires​ 3.24 installation and removal by an electrician licensed under chapter 326B.​ 3.25 (f) "Covered battery clearinghouse" means the organization that is responsible for​ 3.26 implementing the covered battery stewardship program if covered battery producers are​ 3.27 represented by more than one covered battery stewardship organization. If all covered battery​ 3.28 producers are represented by a single covered battery stewardship organization, then covered​ 3.29 battery clearinghouse means the covered battery stewardship organization.​ 3.30 (g) "Covered battery collection site" means a physical location where a covered battery​ 3.31 collector collects covered batteries from other persons, regardless of whether the covered​ 3.32 battery collector operates the location permanently, temporarily, or for purposes of a​ 3.33 collection event.​ 3​Sec. 5.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 4.1 (h) "Covered battery collector" means a person that collects covered batteries on behalf​ 4.2 of the covered battery clearinghouse and receives reimbursement through the covered battery​ 4.3 clearinghouse for the covered battery collector's costs for collection of the covered batteries.​ 4.4 (i) "Covered battery producer" means, with respect to a covered battery that is sold,​ 4.5 including online sales; offered for sale or promotional purposes; or distributed in or into​ 4.6 the state, a person that:​ 4.7 (1) manufactured the covered battery;​ 4.8 (2) imported the covered battery into the United States; or​ 4.9 (3) owns or controls or is licensed to use a brand under which the covered battery is​ 4.10 sold, including online sales; offered for sale or promotional purposes; or distributed in or​ 4.11 into the state.​ 4.12 (j) "Covered Battery Reimbursement Board" or "board" means the Covered Battery​ 4.13 Reimbursement Board established in section 115A.1333, subdivision 1.​ 4.14 (k) "Covered battery stewardship organization" means an organization that contracts​ 4.15 with one or more covered battery producers to meet the producers' obligations under sections​ 4.16 115A.1331 to 115A.1347.​ 4.17 (l) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared​ 4.18 according to section 115A.1335 and submitted to the commissioner by the covered battery​ 4.19 clearinghouse.​ 4.20 (m) "Covered battery stewardship program" means the system implemented by the​ 4.21 covered battery clearinghouse to manage all covered batteries offered to a covered battery​ 4.22 collector or subject to section 115A.1343, subdivision 1, paragraph (a), by arranging and​ 4.23 paying for the collection, covered services, and all other activities described in a covered​ 4.24 battery stewardship plan approved by the commissioner under section 115A.1335, subdivision​ 4.25 4.​ 4.26 (n) "Covered services" means transportation, processing, recycling, and disposal of​ 4.27 covered batteries and residual materials after collection. Covered services does not include:​ 4.28 (1) repair or reuse of a covered battery by the collector; or​ 4.29 (2) transport of a covered battery by the covered battery collector that collected it to or​ 4.30 between a covered battery collection site or sites that are operated by the covered battery​ 4.31 collector.​ 4​Sec. 5.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 5.1 (o) "De minimis covered battery producer" means a covered battery producer that, in​ 5.2 the most recent calendar year, had fewer than 100 covered batteries that were sold, including​ 5.3 online sales, in or into the state and for which the covered battery producer was responsible.​ 5.4 (p) "Easily removable" or "easily removed" means that a battery can be removed by a​ 5.5 single person from a product using only the person's hands, a slotted screwdriver, or a #2​ 5.6 Phillips screwdriver.​ 5.7 (q) "Full covered battery collection site" means a covered battery collection site that​ 5.8 meets the requirements of section 115A.1341, subdivision 1, paragraph (b).​ 5.9 (r) "Household hazardous waste management program" means a program established​ 5.10 under section 115A.96, subdivision 2, to collect and manage household hazardous waste​ 5.11 as defined in section 115A.96.​ 5.12 (s) "Independent auditor" means a certified public accountant that:​ 5.13 (1) holds an active license under chapter 326A and rules adopted thereunder;​ 5.14 (2) is retained by the covered battery clearinghouse;​ 5.15 (3) is not otherwise employed by or affiliated with the commissioner or the covered​ 5.16 battery clearinghouse; and​ 5.17 (4) is qualified to conduct an audit under section 115A.1337, subdivision 7, paragraph​ 5.18 (b), clause (7).​ 5.19 (t) "Large lead acid battery" means a battery that has electrodes composed of metallic​ 5.20 lead or lead compounds; uses an acid electrolyte in any form, including liquid, gel, or​ 5.21 absorbed; and weighs 11 pounds or more. Large lead acid battery includes a dry-charged​ 5.22 battery that is shipped for sale without electrolyte in the battery. Large lead acid batteries​ 5.23 are subject to section 325E.1151.​ 5.24 (u) "Loose battery" means a battery that is not contained in or attached to a product.​ 5.25 Loose battery does not include a battery that is contained in an enclosure when the enclosure​ 5.26 is not integral to the operation of the battery. Loose battery may be of any brand, type,​ 5.27 physical size, energy capacity, or chemistry.​ 5.28 (v) "Participant" means a covered battery producer that is named by the covered battery​ 5.29 clearinghouse as meeting the covered battery producer's obligations under sections 115A.1331​ 5.30 to 115A.1347.​ 5.31 (w) "Rechargeable battery" means a battery that is designed and intended to have electrical​ 5.32 energy added to it by electrical or physical means after use.​ 5​Sec. 5.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 6.1 (x) "Responsible market" means a market for covered batteries, for reclaimed materials​ 6.2 from collected covered batteries, or for any other recyclable residual material from collected​ 6.3 covered batteries that:​ 6.4 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a​ 6.5 manner that protects the environment and minimizes risks to public health and worker health​ 6.6 and safety;​ 6.7 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and​ 6.8 other laws governing environmental, health, safety, and financial responsibility;​ 6.9 (3) possesses all licenses and permits required by a federal or state agency or political​ 6.10 subdivision;​ 6.11 (4) if operating in the state, recycles batteries to the maximum extent practicable in​ 6.12 accordance with section 115A.02, paragraph (b); and​ 6.13 (5) minimizes adverse impacts to environmental justice areas.​ 6.14 (y) "Specialized covered battery recycler" means a person that, if and as applicable, is​ 6.15 properly authorized by the commissioner or, if operating in another state or country, by an​ 6.16 equivalent state, federal, or other governmental body, to process or recycle useful materials​ 6.17 from covered batteries.​ 6.18 EFFECTIVE DATE. This section is effective July 1, 2026.​ 6.19 Sec. 6. [115A.1333] COVERED BATTERY REIMBURSEMENT BOARD.​ 6.20 Subdivision 1. Establishment.The Covered Battery Reimbursement Board is established​ 6.21 to recommend reimbursement rates for covered battery collection to the commissioner.​ 6.22 Except as provided in this section, chapter 15 does not apply to the board.​ 6.23 Subd. 2. Membership. (a) By January 1, 2027, the commissioner must appoint the initial​ 6.24 membership of the Covered Battery Reimbursement Board. Membership must consist of:​ 6.25 (1) two members representing household hazardous waste management programs;​ 6.26 (2) two members representing covered battery collectors that are not household waste​ 6.27 management programs; and​ 6.28 (3) four members representing covered battery producers.​ 6.29 (b) In making appointments under paragraph (a), the commissioner may not appoint​ 6.30 persons who are:​ 6.31 (1) current or elected Minnesota state representatives or senators;​ 6​Sec. 6.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 7.1 (2) required to register as lobbyists under section 10A.03; or​ 7.2 (3) employees of the agency.​ 7.3 (c) Initial appointments under paragraph (a), clause (2), must represent potential battery​ 7.4 collectors. After January 1, 2030, whenever the terms of these members expire according​ 7.5 to subdivision 3, the new appointments must represent covered battery collectors.​ 7.6 Subd. 3. Terms; removal. Members serve for a term of four years, except that one​ 7.7 member appointed under subdivision 2, paragraph (a), clause (1); one member appointed​ 7.8 under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision​ 7.9 2, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that​ 7.10 membership terms are staggered. Members may be reappointed to another term following​ 7.11 the end of a term. The removal of members is governed by section 15.059, subdivision 4.​ 7.12 Subd. 4. Quorum; voting. Meetings of the board must have at least a quorum of six​ 7.13 members. Recommendations of the board require the affirmative vote of at least five​ 7.14 members.​ 7.15 Subd. 5. Administrative support; facilitator. (a) The commissioner must provide​ 7.16 administrative support to the board, including meeting space and public access for meetings​ 7.17 conducted by telephone or interactive technology. The commissioner must ensure that all​ 7.18 activities of the board that require public notice, such as notice of meetings, agendas and​ 7.19 materials related to agenda items, and minutes, are published on the agency's publicly​ 7.20 accessible website.​ 7.21 (b) The board must ensure that all activities of the board that require public notice are​ 7.22 timely provided to the commissioner for publication.​ 7.23 (c) The commissioner must contract for an independent facilitator for the board. The​ 7.24 facilitator is not a member for purposes of quorum or voting.​ 7.25 Subd. 6. Meetings. (a) The board must meet at least annually and additionally as​ 7.26 necessary to meet the requirements of subdivisions 7 to 9. Meetings may be scheduled at​ 7.27 the request of four members of the board.​ 7.28 (b) The board is subject to chapter 13D.​ 7.29 Subd. 7. Recommendations for reimbursement rates. (a) By January 1, 2028, and​ 7.30 beginning July 1, 2029, at least annually each July 1, the board must submit to the​ 7.31 commissioner a recommendation for reimbursement rates for covered battery collection for​ 7.32 the following calendar year.​ 7​Sec. 6.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 8.1 (b) If the board does not submit a recommendation for reimbursement rates by the due​ 8.2 dates in paragraph (a), then within 30 days after a due date, the facilitator must review the​ 8.3 proposals of each member of the board and prepare and submit a recommendation for​ 8.4 reimbursement rates to the commissioner. Notwithstanding the proposals of any members​ 8.5 of the board, the recommendation of the facilitator under this paragraph is considered the​ 8.6 recommendation of the board.​ 8.7 (c) Recommended rates may be differentiated by methods recommended by the board,​ 8.8 such as local property lease or purchase costs, prevailing local wages, or other factors to​ 8.9 ensure:​ 8.10 (1) convenient collection statewide according to section 115A.1335, subdivision 3; and​ 8.11 (2) that all costs of collection are covered according to paragraph (d).​ 8.12 (d) Recommended rates must cover all costs of covered battery collection incurred by​ 8.13 covered battery collectors, including but not limited to:​ 8.14 (1) labor, overhead, and supplies;​ 8.15 (2) necessary collection and storage structures and containers;​ 8.16 (3) employee training;​ 8.17 (4) necessary safety equipment, including appropriate fire protection and suppression​ 8.18 equipment and supplies; and​ 8.19 (5) any other costs determined necessary by the commissioner.​ 8.20 (e) In making determinations under paragraph (d), clause (5), the commissioner may​ 8.21 consider data submitted according to section 115A.1337, subdivision 7; the quantity of​ 8.22 covered batteries collected; the estimated quantity of covered batteries sold in or into the​ 8.23 state; the estimated quantity of covered batteries discarded into solid waste in the state; and​ 8.24 any other information related to the implementation of sections 115A.1331 to 115A.1347.​ 8.25 (f) The board must also consider any additional financial incentives necessary to induce​ 8.26 covered battery collectors to join the covered battery stewardship program, if necessary for​ 8.27 the covered battery clearinghouse to meet or exceed the required convenience standards​ 8.28 under section 115A.1335, subdivision 3.​ 8.29 Subd. 8. Review and approval of reimbursement rates. (a) Within 90 days after​ 8.30 receiving a recommendation on reimbursement rates submitted under subdivision 7, the​ 8.31 commissioner must review the recommendation and approve or reject the recommendation.​ 8​Sec. 6.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 9.1 (b) In conducting a review of a recommendation, the commissioner may consult with​ 9.2 interested parties.​ 9.3 (c) For at least 30 days before approving a recommendation under this subdivision, the​ 9.4 commissioner must post the recommendation on the agency's publicly accessible website​ 9.5 for public review and comment.​ 9.6 (d) If the commissioner determines that a recommendation does not meet the requirements​ 9.7 of sections 115A.1331 to 115A.1347, the commissioner must reject the recommendation.​ 9.8 The commissioner must provide a written notice of determination describing the reasons​ 9.9 for the rejection to the board. The board must meet as necessary to submit a revised​ 9.10 recommendation to the commissioner.​ 9.11 (e) After consultation under paragraph (b) and review of public comments under​ 9.12 paragraph (c), if the commissioner determines that a recommendation meets the requirements​ 9.13 of this section, the commissioner may approve the recommendation. The commissioner​ 9.14 must provide a written notice of approval to the board and to the covered battery​ 9.15 clearinghouse. In the notice, the commissioner must specify the effective date of the approved​ 9.16 reimbursement rates.​ 9.17 (f) The commissioner must publish approved reimbursement rates on the agency's​ 9.18 publicly accessible website within 30 days after approving the rates. The commissioner​ 9.19 must continue to publish the approved rates until a successive reimbursement rate is approved​ 9.20 and published.​ 9.21 Subd. 9. More-frequent rate changes. The board may, for good cause, submit a​ 9.22 recommendation for reimbursement rates to the commissioner more frequently than once​ 9.23 per year. The commissioner must review the recommendation according to subdivision 8.​ 9.24 Subd. 10. Continuation of rates. Approved reimbursement rates remain in effect until​ 9.25 the commissioner approves a new rate recommendation of the board.​ 9.26 EFFECTIVE DATE. This section is effective the day following final enactment.​ 9.27 Sec. 7. [115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.​ 9.28 Subdivision 1. Due dates; assumption of responsibility by one producer for other​ 9.29 producers. (a) By July 1, 2027:​ 9.30 (1) each covered battery producer must contract with a covered battery stewardship​ 9.31 organization to act on the covered battery producer's behalf;​ 9​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 10.1 (2) if covered battery producers contract with more than one covered battery stewardship​ 10.2 organization, then all the covered battery stewardship organizations must establish or identify​ 10.3 a covered battery clearinghouse to administer the covered battery stewardship program; and​ 10.4 (3) the covered battery clearinghouse must notify the commissioner that it has been​ 10.5 established and provide to the commissioner identification of and contact information for​ 10.6 the covered battery clearinghouse and all covered battery stewardship organizations that​ 10.7 have contracted with the covered battery clearinghouse.​ 10.8 (b) If more than one person is a producer for a specific covered battery, one producer​ 10.9 may assume all responsibility for obligations to a covered battery stewardship organization​ 10.10 on behalf of another producer or all other producers for that covered battery. If the one​ 10.11 producer assuming responsibility meets all obligations on behalf of one or more other​ 10.12 producers of a covered battery, then each of those producers is a participant.​ 10.13 (c) By January 1, 2029, the covered battery clearinghouse must submit to the​ 10.14 commissioner a single covered battery stewardship plan that meets the requirements of​ 10.15 subdivision 2 for review under subdivision 4.​ 10.16 Subd. 2. Plan content; budget requirement. (a) The covered battery stewardship plan​ 10.17 must include:​ 10.18 (1) identification of and contact information for the covered battery clearinghouse and​ 10.19 all covered battery stewardship organizations that have contracted with the covered battery​ 10.20 clearinghouse;​ 10.21 (2) copies of contracts clearly granting the covered battery clearinghouse the authority​ 10.22 to act on behalf of the covered battery stewardship organizations and the participants they​ 10.23 represent to implement the covered battery stewardship plan, including responsibility of​ 10.24 the covered battery stewardship organizations and the participants they represent to comply​ 10.25 with an approved covered battery stewardship plan and to fund the covered battery​ 10.26 clearinghouse as necessary to implement the covered battery stewardship plan, pay for​ 10.27 associated costs, and pay for fees and penalties assessed by the commissioner;​ 10.28 (3) identification of and contact information for all participants in the covered battery​ 10.29 stewardship program;​ 10.30 (4) identification of and contact information for each covered battery collector;​ 10.31 (5) identification of and contact information for each person providing covered services​ 10.32 and the location of all facilities where covered services will be provided;​ 10​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 11.1 (6) identification and contact information for all subordinate persons that the covered​ 11.2 battery clearinghouse has contracted with to administer and implement the covered battery​ 11.3 stewardship program in accordance with section 115A.1337, subdivision 8. The relationship​ 11.4 of the other persons to the covered battery clearinghouse and their role in administering and​ 11.5 implementing the covered battery stewardship program must be described;​ 11.6 (7) the address; county of location; and, in a form prescribed by the commissioner,​ 11.7 geolocation data for each covered battery collection site to be served through the covered​ 11.8 battery clearinghouse under the covered battery stewardship program and identification of​ 11.9 those covered battery collection sites that are operated by a household hazardous waste​ 11.10 management program;​ 11.11 (8) a list of the brands covered under the covered battery stewardship program;​ 11.12 (9) eligibility criteria for prospective covered battery collectors;​ 11.13 (10) a description of how the covered battery stewardship program will provide covered​ 11.14 services under this section to any household hazardous waste management program in a​ 11.15 manner that is equal to the covered services provided to all other covered battery collectors,​ 11.16 if the operator of the household hazardous waste management program requests covered​ 11.17 services;​ 11.18 (11) a description of how the covered battery stewardship program will provide​ 11.19 convenient, statewide collection according to subdivision 3;​ 11.20 (12) a description of how the covered battery clearinghouse will annually monitor and​ 11.21 ensure continuing compliance with the convenience standards under subdivision 3;​ 11.22 (13) a description of how the covered battery clearinghouse will ensure each covered​ 11.23 battery collector is provided with the materials specified in section 115A.1337, subdivision​ 11.24 1;​ 11.25 (14) a description of how covered battery collection sites will be accessible according​ 11.26 to section 115A.1337, subdivision 3;​ 11.27 (15) the performance standards for persons providing covered services for the covered​ 11.28 battery clearinghouse and the oversight methods by which the covered battery clearinghouse​ 11.29 will ensure continuing compliance with the performance standards. The covered battery​ 11.30 clearinghouse may determine performance standards, which at a minimum must:​ 11.31 (i) accord with clauses (19) to (22), (24), (25), and (35);​ 11​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 12.1 (ii) ensure that covered services other than transportation are provided only by specialized​ 12.2 covered battery recyclers; and​ 12.3 (iii) ensure covered batteries and residual materials are managed through responsible​ 12.4 markets;​ 12.5 (16) a description of the oversight methods by which the covered battery clearinghouse​ 12.6 will ensure continuing compliance with the performance standards under clause (15);​ 12.7 (17) a description of how the covered battery clearinghouse will ensure that there are at​ 12.8 least ten persons providing covered services;​ 12.9 (18) a description of how the covered battery clearinghouse will arrange for and ensure​ 12.10 that covered services are provided by small businesses, as determined according to the Code​ 12.11 of Federal Regulations, title 13, part 121, for at least 25 percent of the covered batteries​ 12.12 collected annually, by weight;​ 12.13 (19) a description of methods by which the covered battery clearinghouse will ensure​ 12.14 that discarded covered batteries and residual materials managed under the covered battery​ 12.15 stewardship program are managed while in the state in compliance with rules adopted under​ 12.16 section 116.07 for managing solid waste and hazardous waste, when applicable, and, when​ 12.17 outside the state, with all federal, state, and local requirements for managing solid waste​ 12.18 and hazardous waste, as applicable;​ 12.19 (20) a description of the actions the covered battery clearinghouse will take upon receiving​ 12.20 information of potential or actual noncompliance under clause (19) by any person handling​ 12.21 covered batteries under the covered battery stewardship program;​ 12.22 (21) a description of methods by which the covered battery clearinghouse will ensure​ 12.23 that covered batteries and residual materials managed under the covered battery stewardship​ 12.24 program are managed in compliance with safety and health requirements for employees​ 12.25 administered by the Department of Labor and Industry and with fire protection requirements​ 12.26 administered by the Department of Public Safety while in the state and, when outside the​ 12.27 state, with all applicable federal, state, and local employee safety and health requirements​ 12.28 and fire protection requirements;​ 12.29 (22) a description of the actions the covered battery clearinghouse will take upon receiving​ 12.30 information of potential or actual noncompliance under clause (21) by any person handling​ 12.31 covered batteries under the covered battery stewardship program;​ 12.32 (23) a description of how the covered battery clearinghouse will ensure sufficient and​ 12.33 timely pickup and transport of covered batteries are provided to each covered battery​ 12​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 13.1 collection site so that the covered battery collection site can continuously and safely collect​ 13.2 and store covered batteries;​ 13.3 (24) a description of methods by which the covered battery clearinghouse will ensure​ 13.4 that covered batteries and residual materials managed under the covered battery stewardship​ 13.5 program are transported in compliance with applicable regulations incorporated by reference​ 13.6 under section 221.033 for transporting hazardous materials while in the state and, when​ 13.7 outside the state, with all federal, state, and local requirements for transporting hazardous​ 13.8 materials;​ 13.9 (25) a description of the actions the covered battery clearinghouse will take upon receiving​ 13.10 information of potential or actual noncompliance under clause (24) by any person handling​ 13.11 covered batteries under the covered battery stewardship program;​ 13.12 (26) a statement of indemnification by the covered battery clearinghouse to covered​ 13.13 battery collectors for potential liability for improper downstream management of covered​ 13.14 batteries or residual materials by providers of covered services arranged for by the covered​ 13.15 battery clearinghouse and identified in the covered battery stewardship plan under clause​ 13.16 (5);​ 13.17 (27) a description of how the covered battery clearinghouse will determine and annually​ 13.18 report the quantity of covered batteries collected under the covered battery stewardship​ 13.19 program by chemistry by weight;​ 13.20 (28) a description of the outreach and education methods and activities that the covered​ 13.21 battery clearinghouse will ensure are provided according to section 115A.1337, subdivision​ 13.22 5;​ 13.23 (29) a description of how the covered battery clearinghouse will ensure that there is at​ 13.24 least one full-time representative of the covered battery clearinghouse who is solely dedicated​ 13.25 to implementing the covered battery stewardship program in this state and serves as the​ 13.26 primary contact between the covered battery clearinghouse and the agency;​ 13.27 (30) a description of the system by which the covered battery clearinghouse will provide​ 13.28 advance payment or reimbursement to covered battery collectors in a manner that:​ 13.29 (i) provides:​ 13.30 (A) periodic automatic payment of reimbursements at least annually; or​ 13.31 (B) a process for submitting reimbursement requests and reasonable timelines for​ 13.32 reimbursement at intervals no longer than monthly unless otherwise agreed to by the covered​ 13.33 battery collector; and​ 13​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 14.1 (ii) provides an independent mediator to resolve reimbursement disputes that arise​ 14.2 between the covered battery clearinghouse and a covered battery collector;​ 14.3 (31) a description of the system by which the covered battery clearinghouse will pay​ 14.4 persons providing covered services in a manner that provides:​ 14.5 (i) a clear process for submitting invoices;​ 14.6 (ii) reasonable timelines for payment at intervals no longer than monthly unless otherwise​ 14.7 agreed to by the person providing covered services; and​ 14.8 (iii) an independent mediator to resolve payment disputes that arise between the covered​ 14.9 battery clearinghouse and a person providing covered services;​ 14.10 (32) a description of how the covered battery stewardship program costs will be allocated​ 14.11 among participants, either individually or among groups of participants identified by the​ 14.12 covered battery clearinghouse, or through covered battery stewardship organizations that​ 14.13 have contracted with the covered battery clearinghouse, such that the costs of managing​ 14.14 covered batteries are allocated equitably. The description must include a clear assignment​ 14.15 of responsibility for costs of managing covered batteries subject to a voluntary or mandatory​ 14.16 recall to the participant or participants associated with those covered batteries and not to​ 14.17 other participants;​ 14.18 (33) a description of how the covered battery clearinghouse will comply with subdivision​ 14.19 6, paragraph (c);​ 14.20 (34) a description of how the covered battery clearinghouse will assist covered battery​ 14.21 producers in complying with the labeling requirements under section 115A.1347, subdivision​ 14.22 2, paragraph (a);​ 14.23 (35) a description of how the covered battery clearinghouse will ensure that covered​ 14.24 batteries and residual materials managed under the covered battery stewardship program​ 14.25 are managed to the maximum extent practicable in accordance with section 115A.02,​ 14.26 paragraph (b);​ 14.27 (36) a description of how the covered battery clearinghouse will incentivize investment​ 14.28 in processes, product design and material use, technology, and personnel training that could​ 14.29 raise the future maximum extent practicable for management described in clause (35),​ 14.30 including consideration of covered battery reuse, repair, and product life cycle;​ 14.31 (37) a description of how the covered battery clearinghouse will annually report to the​ 14.32 commissioner, by chemistry by weight, the end management through recycling or disposal​ 14​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 15.1 of covered batteries for which the covered battery stewardship program was responsible​ 15.2 during each calendar year; and​ 15.3 (38) a description of how the covered battery clearinghouse will take action to decrease​ 15.4 the incidence of covered batteries in solid waste in the state according to section 115A.1337,​ 15.5 subdivision 5, paragraph (c), including providing collection opportunities under section​ 15.6 115A.1337, subdivision 3, paragraph (b).​ 15.7 (b) By January 1, 2029, and annually thereafter, the covered battery clearinghouse must​ 15.8 submit an anticipated annual budget for the covered battery stewardship program for the​ 15.9 following calendar year, broken down into the covered battery stewardship program's​ 15.10 estimated costs for administration, collection, sorting after collection, storage after collection,​ 15.11 transportation after collection, processing, recycling, disposal, and communication, including​ 15.12 the cost of fees under section 115A.1339. The budget is not subject to review and approval​ 15.13 under subdivisions 4 and 5.​ 15.14 Subd. 3. Convenience standards. (a) The covered battery stewardship plan must provide​ 15.15 convenient, statewide collection for all covered batteries that are offered to covered battery​ 15.16 collectors by a person in the state, regardless of:​ 15.17 (1) a covered battery's type, physical size, energy capacity, or chemistry;​ 15.18 (2) a covered battery's brand; or​ 15.19 (3) the producer of a covered battery.​ 15.20 (b) The covered battery stewardship plan must meet the following convenience standards:​ 15.21 (1) for each county with a population of 10,000 or less, maintain at least two full covered​ 15.22 battery collection sites;​ 15.23 (2) for each county with a population greater than 10,000 but less than or equal to​ 15.24 100,000, maintain at least two full covered battery collection sites and at least one additional​ 15.25 full covered battery collection site for each additional 10,000 in population above a population​ 15.26 of 10,000;​ 15.27 (3) for each county with a population greater than 100,000, maintain at least 11 full​ 15.28 covered battery collection sites and at least one additional full covered battery collection​ 15.29 site for each additional 50,000 in population above a population of 100,000;​ 15.30 (4) maintain a full covered battery collection site located within ten miles of the household​ 15.31 of at least 95 percent of the residents of the state;​ 15​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 16.1 (5) ensure no net loss in estimated collection convenience and capacity for covered​ 16.2 batteries; and​ 16.3 (6) any additional convenience standards that the commissioner determines are necessary​ 16.4 to provide convenient, statewide collection for covered batteries, including operation of​ 16.5 additional covered battery collection sites.​ 16.6 (c) In making a determination under paragraph (b), clause (6), the commissioner may​ 16.7 consider data submitted according to section 115A.1337, subdivision 7; the quantity of​ 16.8 covered batteries collected; the estimated quantity of covered batteries sold in or into the​ 16.9 state; the estimated quantity of covered batteries disposed of in the state; and other​ 16.10 information related to the effectiveness of the covered battery stewardship program.​ 16.11 Subd. 4. Review of covered battery stewardship plan; implementation. (a) Within​ 16.12 120 days after receiving a complete covered battery stewardship plan submitted under this​ 16.13 section, the commissioner must determine whether the stewardship plan complies with this​ 16.14 section and will ensure that elements required by subdivision 2, paragraph (a), will be met​ 16.15 to the maximum extent practicable. The commissioner must provide a written notice of​ 16.16 determination according to this subdivision.​ 16.17 (b) In conducting a review of a covered battery stewardship plan, the commissioner may​ 16.18 consult with interested parties.​ 16.19 (c) For at least 30 days before approving a covered battery stewardship plan, the​ 16.20 commissioner must place the stewardship plan on the agency's publicly accessible website​ 16.21 for public review and comment.​ 16.22 (d) If the commissioner determines that a covered battery stewardship plan fails to​ 16.23 comply with this section or will not ensure that elements required by subdivision 2, paragraph​ 16.24 (a), will be met to the maximum extent practicable, the commissioner must reject the covered​ 16.25 battery stewardship plan. The commissioner must provide a written notice of determination​ 16.26 to the covered battery clearinghouse describing the reasons for the rejection.​ 16.27 (e) After any consultation under paragraph (b) and review of public comments received​ 16.28 under paragraph (c), if the commissioner determines that a covered battery stewardship plan​ 16.29 complies with this section and will ensure that elements required by subdivision 2, paragraph​ 16.30 (a), will be met to the maximum extent practicable, the commissioner must approve the​ 16.31 covered battery stewardship plan. The commissioner must provide a written notice of​ 16.32 determination to the covered battery clearinghouse and must publish the approved covered​ 16.33 battery stewardship plan on the agency's publicly accessible website within 30 days after​ 16.34 approval.​ 16​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 17.1 (f) The covered battery clearinghouse must implement the covered battery stewardship​ 17.2 plan approved by the commissioner, including any amendments to the stewardship plan​ 17.3 that are approved by the commissioner according to subdivision 5, within 60 days after​ 17.4 receiving written notice of approval.​ 17.5 (g) For each covered battery stewardship plan or amendment submitted to the​ 17.6 commissioner for review, the commissioner may consider the data submitted according to​ 17.7 section 115A.1337, subdivision 7, and other relevant information to establish requirements​ 17.8 to improve the effectiveness, performance, and awareness of the covered battery stewardship​ 17.9 program.​ 17.10 Subd. 5. Amending or terminating covered battery stewardship plan. (a) The covered​ 17.11 battery clearinghouse may amend a covered battery stewardship plan approved under​ 17.12 subdivision 4 without review or approval by the commissioner to make the changes specified​ 17.13 in clauses (1) to (3). Within 30 days after adopting an amendment under this paragraph, the​ 17.14 covered battery clearinghouse must report the amendment to the commissioner and the​ 17.15 commissioner must publish the amended stewardship plan on the agency's publicly accessible​ 17.16 website. The covered battery clearinghouse must implement amendments made to a​ 17.17 stewardship plan under this paragraph within 60 days after adopting the amendment. The​ 17.18 covered battery clearinghouse may:​ 17.19 (1) add, terminate, or replace a covered battery collector, collection site, person providing​ 17.20 covered services, or facility where covered services will be performed;​ 17.21 (2) add or remove participants or brands covered under the covered battery stewardship​ 17.22 plan; or​ 17.23 (3) change contact staff or contact staff information for the covered battery clearinghouse,​ 17.24 covered battery stewardship organizations, participants, covered battery collectors, or persons​ 17.25 providing covered services.​ 17.26 (b) Except for an amendment under paragraph (a), the revised covered battery stewardship​ 17.27 plan containing any amendment must be submitted to and reviewed and approved by the​ 17.28 commissioner before it may be implemented by the covered battery clearinghouse. The​ 17.29 commissioner must review and approve or reject the covered battery stewardship plan​ 17.30 containing the proposed amendment according to subdivision 4.​ 17.31 (c) The covered battery clearinghouse must submit an amended covered battery​ 17.32 stewardship plan for review:​ 17.33 (1) at least every five years according to this subdivision and subdivision 4; or​ 17​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 18.1 (2) within 60 days if the commissioner determines that an amended stewardship plan is​ 18.2 necessary to implement sections 115A.1331 to 115A.1347.​ 18.3 (d) The covered battery clearinghouse may terminate a covered battery stewardship plan​ 18.4 only:​ 18.5 (1) by providing at least 90 days' written notice to the commissioner and to all covered​ 18.6 battery stewardship organizations and participants in the covered battery stewardship​ 18.7 program; and​ 18.8 (2) after a replacement covered battery stewardship plan submitted by the covered battery​ 18.9 clearinghouse or a new covered battery clearinghouse is approved by the commissioner​ 18.10 under subdivision 4.​ 18.11 (e) The commissioner may terminate a covered battery stewardship plan for good cause,​ 18.12 as defined in paragraph (f). If the commissioner terminates a covered battery stewardship​ 18.13 plan, the commissioner must provide the covered battery clearinghouse with written notice​ 18.14 of termination describing the good cause for termination. The commissioner must also notify​ 18.15 all participants in the covered battery stewardship program in writing of the termination,​ 18.16 using the contact information for the participants provided in the covered battery stewardship​ 18.17 plan.​ 18.18 (f) For purposes of paragraph (e), "good cause" includes but is not limited to:​ 18.19 (1) failure by the covered battery clearinghouse to:​ 18.20 (i) fully and accurately disclose required or requested information to the commissioner;​ 18.21 (ii) comply with the terms of sections 115A.1331 to 115A.1347; or​ 18.22 (iii) pay fees or penalties owed to the commissioner or comply with an order lawfully​ 18.23 issued by the commissioner; and​ 18.24 (2) a finding that the covered battery clearinghouse's activities endanger human health​ 18.25 or the environment and the danger cannot reasonably be removed by an amendment to the​ 18.26 covered battery stewardship plan.​ 18.27 Subd. 6. Compliance. (a) The covered battery clearinghouse must comply with the​ 18.28 covered battery stewardship plan approved by the commissioner, including any amendments​ 18.29 to the stewardship plan that are made according to subdivision 5, paragraph (a) or (b). The​ 18.30 covered battery clearinghouse must ensure that all covered battery stewardship organizations,​ 18.31 participants, and persons providing covered services also comply with the stewardship plan​ 18​Sec. 7.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 19.1 and are responsible to the covered battery clearinghouse and to the commissioner for​ 19.2 compliance.​ 19.3 (b) All other covered battery stewardship organizations must comply with the covered​ 19.4 battery stewardship plan approved by the commissioner, including any amendments to the​ 19.5 stewardship plan that are made according to subdivision 5, paragraph (a) or (b). A covered​ 19.6 battery stewardship organization must ensure that all participants the organization represents​ 19.7 and all persons providing covered services for which the organization is responsible also​ 19.8 comply with the stewardship plan and are responsible to the covered battery stewardship​ 19.9 organization and to the commissioner for compliance.​ 19.10 (c) The covered battery clearinghouse must ensure that covered battery collectors are​ 19.11 reimbursed according to the reimbursement rates approved by the commissioner according​ 19.12 to section 115A.1333 and the method described in the covered battery stewardship plan.​ 19.13 (d) The covered battery clearinghouse must ensure that all costs of the covered battery​ 19.14 stewardship program are fully paid for by participants, except for de minimis covered battery​ 19.15 producers. All costs of the covered battery stewardship program must be fairly allocated​ 19.16 between groups of participants without any fee, charge, surcharge, or any other cost to:​ 19.17 (1) any member of the public;​ 19.18 (2) any business other than a covered battery producer;​ 19.19 (3) any covered battery collector;​ 19.20 (4) any person providing covered services;​ 19.21 (5) the state or any political subdivision;​ 19.22 (6) de minimis covered battery producers; or​ 19.23 (7) any other person that is not a covered battery producer.​ 19.24 EFFECTIVE DATE. This section is effective July 1, 2026.​ 19.25 Sec. 8. [115A.1337] COVERED BATTERY CLEARINGHOUSE AND COVERED​ 19.26 BATTERY STEWARDSHIP ORGANIZATIONS; DUTIES AND STRUCTURE.​ 19.27 Subdivision 1. Duties to covered battery collectors. (a) The covered battery​ 19.28 clearinghouse must ensure that the following are provided to each covered battery collector:​ 19.29 (1) reimbursement at the rates approved by the commissioner according to section​ 19.30 115A.1333 and the method described in the covered battery stewardship plan;​ 19​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 20.1 (2) pickup and transport of collected covered batteries from each covered battery​ 20.2 collection site in sufficient time and quantity to allow the covered battery collector to safely​ 20.3 receive covered batteries without interruption or cost to the covered battery collector;​ 20.4 (3) appropriate containers for storage and transportation of covered batteries and supplies​ 20.5 necessary for the collection of covered batteries;​ 20.6 (4) signage to identify collection sites and the covered batteries accepted at the collection​ 20.7 sites;​ 20.8 (5) training for covered battery collection site employees on identifying and safely​ 20.9 handling and storing covered batteries, including damaged, defective, or recalled batteries,​ 20.10 also known as DDR batteries;​ 20.11 (6) educational materials that address the information described in subdivision 5,​ 20.12 paragraph (a), clause (3), for distribution to members of the public and businesses in​ 20.13 Minnesota. The educational materials must be made available in English and at least the​ 20.14 three languages most commonly spoken at homes in the state other than English, according​ 20.15 to the state demographer; and​ 20.16 (7) direction to an alternate covered battery collector whenever a covered battery collector​ 20.17 determines and reports to the covered battery clearinghouse, according to section 115A.1341,​ 20.18 subdivision 1, paragraph (d), that the collector cannot safely collect a covered battery. The​ 20.19 covered battery clearinghouse must ensure that the covered battery is collected by another​ 20.20 covered battery collector.​ 20.21 (b) The covered battery clearinghouse and covered battery stewardship organizations​ 20.22 must consider the request of a covered battery collector to perform covered services if the​ 20.23 covered battery collector meets the performance standards in the covered battery stewardship​ 20.24 plan under section 115A.1335, subdivision 2, paragraph (a), clause (15), and the covered​ 20.25 battery collector and the covered battery clearinghouse or covered battery stewardship​ 20.26 organization agree after negotiation in good faith on the fees to be paid to the covered battery​ 20.27 collector for performing the covered services. The covered battery stewardship plan must​ 20.28 identify the covered battery collector as providing covered services according to section​ 20.29 115A.1335, subdivision 2, paragraph (a), clause (5).​ 20.30 (c) The covered battery clearinghouse and covered battery stewardship organizations​ 20.31 must allow the following persons to serve as a covered battery collector:​ 20.32 (1) a person that agrees to operate or continues to operate a full covered battery collection​ 20.33 site in compliance with:​ 20​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 21.1 (i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (19) to​ 21.2 (22), (24), and (25), and any other applicable provisions of the covered battery stewardship​ 21.3 plan in section 115A.1335; and​ 21.4 (ii) section 115A.1341; and​ 21.5 (2) a household hazardous waste management program.​ 21.6 (d) The covered battery clearinghouse may terminate a covered battery collector, except​ 21.7 a household hazardous waste management program, and cease payment to the covered​ 21.8 battery collector for good cause.​ 21.9 Subd. 2. Duty to negotiate in good faith. The covered battery clearinghouse and covered​ 21.10 battery stewardship organizations must negotiate in good faith:​ 21.11 (1) allocation of covered battery stewardship program costs with and among participants;​ 21.12 and​ 21.13 (2) payments for covered services to persons providing covered services.​ 21.14 Subd. 3. Accessibility. (a) The covered battery stewardship program must provide​ 21.15 convenient, equitable, and accessible service to all persons in Minnesota, including but not​ 21.16 limited to people of color; Minnesota Tribal governments as defined in section 10.65,​ 21.17 subdivision 2; those that are non-English speaking; immigrant and refugee communities;​ 21.18 those with limited access to transportation; and those in environmental justice areas.​ 21.19 (b) The covered battery stewardship program must include collection opportunities​ 21.20 beyond those required under section 115A.1335, subdivision 3, to better serve populations​ 21.21 under paragraph (a), such as individual pickup from households and temporary events to​ 21.22 provide enhanced collection availability.​ 21.23 (c) Where feasible, the covered battery stewardship program must encourage establishing​ 21.24 covered battery collection sites in proximity to local public transit.​ 21.25 Subd. 4. Oversight; eligibility to provide covered services. (a) The covered battery​ 21.26 clearinghouse and covered battery stewardship organizations must ensure that covered​ 21.27 batteries and residual materials managed under the covered battery stewardship program​ 21.28 are managed according to the performance standards in section 115A.1335, subdivision 2,​ 21.29 paragraph (a), clause (15), by all persons providing covered services.​ 21.30 (b) To ensure that covered batteries and residual materials are managed to the maximum​ 21.31 extent practicable in accordance with section 115A.02, paragraph (b), the commissioner​ 21.32 may require performance standards and oversight methods in lieu of or in addition to the​ 21​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 22.1 performance standards and oversight methods used by the covered battery clearinghouse​ 22.2 under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), clause (15), for​ 22.3 persons providing covered services for covered batteries. The commissioner may consider​ 22.4 data submitted under subdivision 7; the availability and feasibility of technology, processes,​ 22.5 and methods for managing covered batteries; and other information related to the​ 22.6 effectiveness of the covered battery stewardship program.​ 22.7 Subd. 5. Program effectiveness. (a) To support the effectiveness of the covered battery​ 22.8 stewardship program, the covered battery clearinghouse must provide outreach and education​ 22.9 to:​ 22.10 (1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate​ 22.11 a sale of covered batteries in or into the state, to inform them of the requirements of section​ 22.12 115A.1347, subdivision 2;​ 22.13 (2) potential covered battery collectors and persons who collected covered batteries​ 22.14 before the effective date of this section to inform them how to request coverage by the​ 22.15 covered battery stewardship program; and​ 22.16 (3) members of the public to raise awareness of:​ 22.17 (i) public health and safety and environmental risks caused by improperly charging,​ 22.18 storing, and disposing of covered batteries;​ 22.19 (ii) methods to safely charge and store covered batteries;​ 22.20 (iii) the benefits of recycling covered batteries in contrast to disposal; and​ 22.21 (iv) the existence of the covered battery stewardship program and the ability to manage​ 22.22 covered batteries at no cost, including the location and convenience of covered battery​ 22.23 collection sites in the state.​ 22.24 (b) The covered battery clearinghouse must maintain a publicly accessible website to​ 22.25 locate covered battery collection sites through map-based and text-based searches.​ 22.26 (c) The covered battery clearinghouse may coordinate or combine the provision of​ 22.27 education efforts under paragraphs (a) and (b) with education efforts required for the covered​ 22.28 battery clearinghouse under subdivision 1. The immunities conveyed by section 115A.1345,​ 22.29 subdivision 2, also apply to any such coordination or combination.​ 22.30 (d) The covered battery clearinghouse must, in addition to the requirements of paragraphs​ 22.31 (a) to (c) and subdivision 6, take action to decrease the incidence of covered batteries in​ 22.32 solid waste generated in the state as soon as practicable and to the maximum extent​ 22​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 23.1 achievable. The commissioner may determine the effectiveness of the covered battery​ 23.2 stewardship program using information from waste composition studies under section​ 23.3 115A.412 and other information available to the commissioner and may require the covered​ 23.4 battery clearinghouse to submit information and implement actions to decrease the incidence​ 23.5 of covered batteries in solid waste in accordance with section 115A.1335, subdivisions 2,​ 23.6 paragraph (a), clause (38), and 3, paragraph (b), clause (6).​ 23.7 Subd. 6. Public advisory committee. (a) The covered battery clearinghouse must​ 23.8 establish and maintain a public advisory committee.​ 23.9 (b) The duties of the public advisory committee are to:​ 23.10 (1) assist with drafting, continuous review, and periodic audit of the covered battery​ 23.11 clearinghouse's outreach and education activities, including but not limited to signage and​ 23.12 educational materials; and​ 23.13 (2) make recommendations to the covered battery clearinghouse and the commissioner​ 23.14 to continuously improve the effectiveness of the outreach and education activities and​ 23.15 maximize participation in the covered battery stewardship program.​ 23.16 (c) The public advisory committee must meet and make recommendations before a​ 23.17 covered battery stewardship plan is submitted to the commissioner.​ 23.18 (d) Membership of the committee must include representatives of stakeholders of the​ 23.19 covered battery stewardship program, including but not limited to:​ 23.20 (1) the commissioner;​ 23.21 (2) household hazardous waste management programs;​ 23.22 (3) covered battery collectors that are not household waste management programs;​ 23.23 (4) persons providing or that might provide covered services;​ 23.24 (5) producers; and​ 23.25 (6) other persons providing statewide representation.​ 23.26 Subd. 7. Reporting. (a) The covered battery clearinghouse must report an amendment​ 23.27 to the covered battery stewardship plan made under section 115A.1335, subdivision 5,​ 23.28 paragraph (a), to the commissioner within 30 days after making the amendment.​ 23.29 (b) By April 1 each year after a covered battery stewardship plan is approved under​ 23.30 section 115A.1335, subdivision 4, the covered battery clearinghouse must report to the​ 23.31 commissioner, in a form and manner prescribed by the commissioner, on the covered battery​ 23​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 24.1 clearinghouse's activities during the preceding calendar year. The covered battery​ 24.2 clearinghouse must also submit a copy of the report to the board. The report must include:​ 24.3 (1) the address, county of location, and geolocation data for each covered battery​ 24.4 collection site served by the covered battery stewardship program during the preceding​ 24.5 calendar year;​ 24.6 (2) the chemistry by weight of covered batteries collected during each calendar year, in​ 24.7 accordance with section 115A.1335, subdivision 2, paragraph (a), clause (27);​ 24.8 (3) a description by chemistry by weight of:​ 24.9 (i) the end management through recycling or disposal of the covered batteries shipped​ 24.10 from covered battery collection sites under the covered battery stewardship program, in​ 24.11 accordance with section 115A.1335, subdivision 2, paragraph (a), clause (37);​ 24.12 (ii) the records maintained or received by the covered battery clearinghouse to document​ 24.13 the end management described in item (i); and​ 24.14 (iii) the method or methods of verification used by the covered battery clearinghouse to​ 24.15 ensure that the records maintained or received in item (ii) accurately reflect the actual end​ 24.16 management of the covered batteries;​ 24.17 (4) the effectiveness of the covered battery clearinghouse's efforts to decrease the​ 24.18 incidence of covered batteries in solid waste in the state, in accordance with section​ 24.19 115A.1335, subdivision 2, paragraph (a), clause (38);​ 24.20 (5) the results of the oversight according to section 115A.1335, subdivision 2, paragraph​ 24.21 (a), clause (15), verifying that the performance standards were met by each of the persons​ 24.22 providing covered services;​ 24.23 (6) a description of outreach and education activities provided by the covered battery​ 24.24 clearinghouse during the preceding calendar year according to subdivision 5;​ 24.25 (7) a financial report on the covered battery stewardship program, including actual costs​ 24.26 and funding compared to the budget for the year submitted under section 115A.1335,​ 24.27 subdivision 2, paragraph (b). The financial report must include an audit report of the covered​ 24.28 battery stewardship program, including the covered battery clearinghouse and any additional​ 24.29 covered battery stewardship organizations, by an independent auditor. The independent​ 24.30 auditor must be selected by the covered battery clearinghouse and approved or rejected by​ 24.31 the commissioner. If the commissioner rejects an independent auditor, the covered battery​ 24.32 clearinghouse must select a different independent auditor for approval or rejection by the​ 24.33 commissioner. The independent audit must meet the requirements of Accounting Standards​ 24​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 25.1 Update 2018-08, Not-for-Profit Entities (Topic 958), Financial Accounting Standards Board,​ 25.2 as amended;​ 25.3 (8) the proposed and actual budget for the year in which the report is submitted; and​ 25.4 (9) starting on the second April 1 after the covered battery clearinghouse's first covered​ 25.5 battery stewardship plan is approved by the commissioner, and then every third year​ 25.6 thereafter, a performance audit of the covered battery stewardship program. The performance​ 25.7 audit must conform to audit standards established by the United States Government​ 25.8 Accountability Office; the National Association of State Auditors, Comptrollers and​ 25.9 Treasurers; or another nationally recognized organization approved by the commissioner.​ 25.10 Subd. 8. Organization of clearinghouse and stewardship organizations.(a) A covered​ 25.11 battery stewardship organization and the covered battery clearinghouse must:​ 25.12 (1) be a nonprofit organization as described in section 501(c)(3) of the Internal Revenue​ 25.13 Code; and​ 25.14 (2) comply with section 5.36.​ 25.15 (b) The covered battery clearinghouse and covered battery stewardship organizations​ 25.16 may contract with subordinate persons to implement or administer a portion or portions of​ 25.17 the covered battery stewardship plan or to coordinate with a group or groups of participants.​ 25.18 (c) A contract established under paragraph (b) must be described under section​ 25.19 115A.1335, subdivision 2, paragraph (a), clause (6).​ 25.20 (d) Notwithstanding any contract established under paragraph (b), the covered battery​ 25.21 clearinghouse must:​ 25.22 (1) submit a single covered battery stewardship plan to the commissioner meeting the​ 25.23 requirements of sections 115A.1331 to 115A.1347;​ 25.24 (2) submit a single report to the commissioner according to subdivision 7 meeting the​ 25.25 requirements of sections 115A.1331 to 115A.1347;​ 25.26 (3) serve as the single point of contact for reporting, reimbursement, and payment to the​ 25.27 agency; and​ 25.28 (4) maintain all responsibility and liability for compliance with all other requirements​ 25.29 of sections 115A.1331 to 115A.1347 applicable to the covered battery clearinghouse.​ 25.30 EFFECTIVE DATE. This section is effective July 1, 2027.​ 25​Sec. 8.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 26.1 Sec. 9. [115A.1339] FEES.​ 26.2 Subdivision 1. Administrative fees. (a) By October 1, 2027, the commissioner must​ 26.3 calculate the sum of all costs that the agency incurred to implement and administer sections​ 26.4 115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027.​ 26.5 (b) By December 1, 2027, the commissioner must assess an administrative fee to the​ 26.6 covered battery clearinghouse at an amount that is adequate to reimburse the agency's costs​ 26.7 calculated under paragraph (a). The covered battery clearinghouse must pay the assessed​ 26.8 administrative fee by the due date set by the commissioner.​ 26.9 (c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum​ 26.10 of all costs that the agency incurred to implement and administer sections 115A.1331 to​ 26.11 115A.1347 during the six months of July through December of the preceding calendar year.​ 26.12 By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of​ 26.13 all costs that the agency incurred to implement and administer sections 115A.1331 to​ 26.14 115A.1347 during the six months of January through June of that calendar year.​ 26.15 (d) Notwithstanding section 16A.1283, the commissioner must semiannually assess​ 26.16 annual administrative fees to the covered battery clearinghouse at an amount that is adequate​ 26.17 to reimburse the agency's costs calculated under paragraph (c). The covered battery​ 26.18 clearinghouse must pay the assessed administrative fees by the due dates set by the​ 26.19 commissioner.​ 26.20 (e) For purposes of this subdivision, costs of the board are considered costs incurred by​ 26.21 the agency.​ 26.22 (f) All agency costs calculated under this subdivision may be recovered in a civil action​ 26.23 brought by the attorney general against any person that may be liable under this subdivision​ 26.24 or any other law. Any costs that are recovered by the attorney general, including any award​ 26.25 of attorney fees, must be deposited in the battery stewardship account under paragraph (g).​ 26.26 (g) A battery stewardship account is established in the special revenue fund.​ 26.27 Subd. 2. Recovery and proper management fees. (a) When the commissioner intends​ 26.28 to spend money for the recovery and proper management of covered batteries under section​ 26.29 115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess​ 26.30 the estimated cost of recovery and proper management of covered batteries to the covered​ 26.31 battery clearinghouse.​ 26.32 (b) The cost under paragraph (a) must not include any subsequent remediation of the​ 26.33 real properties where the covered batteries are located nor the cost of any environmental​ 26​Sec. 9.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 27.1 assessment of the properties to determine appropriate subsequent remediation under other​ 27.2 law. Such costs must not be paid from any money assessed, collected, or appropriated under​ 27.3 this section. The covered battery clearinghouse must pay the assessed recovery and​ 27.4 management fee by the due date set by the commissioner.​ 27.5 (c) If, after the covered batteries have been recovered and properly managed, the actual​ 27.6 cost of recovery and proper management of the recovered batteries is less than the fee paid​ 27.7 by the covered battery clearinghouse, the commissioner must refund the excess payment.​ 27.8 If the cost of recovery and proper management exceeds the fee paid by the covered battery​ 27.9 clearinghouse, the commissioner must assess the covered battery clearinghouse for the​ 27.10 deficit. The covered battery clearinghouse must pay the assessed recovery and management​ 27.11 fee deficit by the due date set by the commissioner.​ 27.12 Subd. 3. Disposition of fees. The total amount of net fees collected under this section​ 27.13 must not exceed the amount necessary to reimburse agency costs as calculated under​ 27.14 subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the​ 27.15 state treasury and credited to the battery stewardship account in the special revenue fund.​ 27.16 The amount collected under this section is annually appropriated to the commissioner to​ 27.17 implement and enforce sections 115A.1331 to 115A.1347.​ 27.18 EFFECTIVE DATE. This section is effective July 1, 2026.​ 27.19 Sec. 10. [115A.1341] COVERED BATTERY COLLECTOR DUTIES.​ 27.20 Subdivision 1. Accepting covered products. (a) All covered battery collectors must​ 27.21 accept covered batteries without imposing a fee, charge, surcharge, or other cost to any​ 27.22 person other than the covered battery clearinghouse.​ 27.23 (b) At a full covered battery collection site, a covered battery collector must accept from​ 27.24 any person at least ten covered batteries daily of any brand, type, physical size, energy​ 27.25 capacity, or chemistry, unless the covered battery collector determines a specific covered​ 27.26 battery cannot be safely collected by the covered battery collector at a specific covered​ 27.27 battery collection site at a specific time. A full covered battery collection site must be open​ 27.28 to receiving covered batteries at least 12 operating hours per week, 50 weeks each calendar​ 27.29 year.​ 27.30 (c) A household hazardous waste management program may accept covered batteries​ 27.31 at any covered battery collection site that the program operates. The household hazardous​ 27.32 waste management program may limit from which persons it will accept covered batteries​ 27.33 and may limit the number, type, physical size, energy capacity, or chemistry of a covered​ 27​Sec. 10.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 28.1 battery accepted. The covered battery clearinghouse may count a covered battery collection​ 28.2 site operated by the household hazardous waste management program as a full covered​ 28.3 battery collection site when demonstrating compliance with the convenience standards under​ 28.4 section 115A.1335, subdivision 3, only if the household hazardous waste management​ 28.5 program voluntarily agrees in writing with the covered battery clearinghouse to comply​ 28.6 with paragraph (b) at the site.​ 28.7 (d) A covered battery collector that determines that it cannot safely accept a specific​ 28.8 covered battery according to paragraph (b) must document the reason for not accepting the​ 28.9 covered battery and immediately notify the covered battery clearinghouse of the​ 28.10 nonacceptance to allow the covered battery clearinghouse to arrange for alternate collection​ 28.11 of the covered battery under section 115A.1337, subdivision 1, paragraph (a), clause (7).​ 28.12 Subd. 2. Storing accepted covered batteries. A covered battery collector must manage​ 28.13 and store all accepted covered batteries safely and in compliance with all applicable federal,​ 28.14 state, and local laws, including but not limited to applicable rules adopted under section​ 28.15 116.07 for managing solid waste and hazardous waste.​ 28.16 Subd. 3. Training. A covered battery collector must ensure and document that training​ 28.17 is provided for covered battery collection site employees on identifying and safely handling​ 28.18 and storing covered batteries, including damaged, defective, or recalled batteries, also known​ 28.19 as DDR batteries. The covered battery collector may provide the training or may receive​ 28.20 training through the covered battery clearinghouse.​ 28.21 Subd. 4. Record keeping. (a) A covered battery collector must maintain records as​ 28.22 specified in this paragraph for at least three years and make the records available to the​ 28.23 commissioner for inspection. The records must include the chemistry by weight of covered​ 28.24 batteries and any additional information required by the commissioner. The records must​ 28.25 document for each calendar year the covered batteries:​ 28.26 (1) accepted at a covered battery collection site; and​ 28.27 (2) shipped from a covered battery collection site.​ 28.28 (b) A covered battery collector must maintain documentation of each employee's training​ 28.29 related to covered batteries starting on the date of training and for at least three years​ 28.30 following the last day that the employee worked for the covered battery collector.​ 28.31 Subd. 5. Covered services. (a) A covered battery collector may request that the covered​ 28.32 battery clearinghouse use a particular person to provide covered services on behalf of the​ 28.33 covered battery clearinghouse. The covered battery clearinghouse must consider the request.​ 28​Sec. 10.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 29.1 (b) A covered battery collector may request that the covered battery clearinghouse allow​ 29.2 the covered battery collector to provide covered services on behalf of the covered battery​ 29.3 clearinghouse. To make a request, the covered battery collector must be able to show that​ 29.4 it meets the performance standards in section 115A.1335, subdivision 2, paragraph (a),​ 29.5 clause (15). The covered battery collector must negotiate in good faith the fees to be paid​ 29.6 to the covered battery collector for providing the covered services.​ 29.7 EFFECTIVE DATE. This section is effective January 1, 2030.​ 29.8 Sec. 11. [115A.1343] COVERED BATTERIES RECOVERY AND PROPER​ 29.9 MANAGEMENT.​ 29.10 Subdivision 1. Recovery and proper management. (a) In addition to any authority​ 29.11 granted by other law and without limiting that authority, whenever the commissioner​ 29.12 determines that covered batteries have been abandoned, improperly disposed of, or stored​ 29.13 on real property within the state in a manner not in compliance with sections 115A.1331 to​ 29.14 115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph​ 29.15 (d), or 4, paragraph (g), the commissioner may issue an order under section 115.071,​ 29.16 subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible​ 29.17 for the abandonment, improper disposal, or noncompliant storage of the covered batteries​ 29.18 to recover and properly manage the covered batteries according to sections 115A.1331 to​ 29.19 115A.1347 and applicable rules. An order under this paragraph must notify the person of​ 29.20 the provisions of this subdivision.​ 29.21 (b) If a person that receives an order under paragraph (a) fails to complete the ordered​ 29.22 actions to recover and properly manage the covered batteries within the time specified in​ 29.23 the order, then after that time or upon expiration of the appeal period for the order, whichever​ 29.24 is later, the commissioner must notify the covered battery clearinghouse in writing of:​ 29.25 (1) the commissioner's determination that the covered batteries have been abandoned,​ 29.26 improperly disposed of, or stored in a noncompliant manner;​ 29.27 (2) the name of the person that was issued the order under paragraph (a) and the location​ 29.28 of the covered batteries;​ 29.29 (3) the actions required to recover and properly manage the covered batteries; and​ 29.30 (4) the amount of time that the covered battery clearinghouse may, with the consent of​ 29.31 the person, attempt to complete the actions to recover and properly manage the covered​ 29.32 batteries on behalf of the person before the commissioner takes action.​ 29​Sec. 11.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 30.1 (c) If the covered battery clearinghouse intends to arrange for recovery and proper​ 30.2 management of the covered batteries, the covered battery clearinghouse must notify the​ 30.3 commissioner of its intent and submit a plan to recover and properly manage the covered​ 30.4 batteries to the commissioner. The covered battery clearinghouse must then comply with​ 30.5 its submitted recovery and management plan.​ 30.6 (d) If, after the period specified in paragraph (b), the ordered actions to recover and​ 30.7 properly manage the covered products have not been completed, or upon earlier notice from​ 30.8 the covered battery clearinghouse that it does not intend to take the actions, the commissioner​ 30.9 may recover and properly manage the covered batteries. The commissioner must estimate​ 30.10 the cost for a person contracted to the agency to perform the recovery and management.​ 30.11 The commissioner must assess the estimated cost to the covered battery clearinghouse​ 30.12 according to section 115A.1339, subdivision 2. After the covered battery clearinghouse​ 30.13 pays the assessed fee, the commissioner may recover and properly manage the covered​ 30.14 batteries. Money appropriated to the commissioner from the battery stewardship account​ 30.15 may be spent by the commissioner to recover and properly manage the covered batteries.​ 30.16 (e) In addition to the authority to enter upon any public or private property for the purpose​ 30.17 of obtaining information or conducting surveys or investigations under section 115A.06,​ 30.18 the commissioner or commissioner's designee or agent may enter upon the property to​ 30.19 recover covered batteries when acting under this subdivision.​ 30.20 Subd. 2. Limited private right of action for recovery and proper management. (a)​ 30.21 If the covered battery clearinghouse arranges and pays for the recovery and proper​ 30.22 management of covered batteries under subdivision 1, paragraph (c), the covered battery​ 30.23 clearinghouse may maintain a civil action against a person issued an order to recover and​ 30.24 properly manage those covered batteries under subdivision 1, paragraph (a). The covered​ 30.25 battery clearinghouse is entitled to damages under this paragraph of twice the actual cost​ 30.26 of recovery and proper management of the covered batteries. Additional amounts recoverable​ 30.27 under this paragraph include an award of reasonable attorney fees and costs.​ 30.28 (b) If the covered battery clearinghouse is assessed and pays the cost to recover and​ 30.29 properly manage covered batteries under subdivision 1, paragraph (d), and section​ 30.30 115A.1339, subdivision 2, the covered battery clearinghouse may maintain a civil action​ 30.31 against a person issued an order to recover and properly manage those covered batteries​ 30.32 under subdivision 1, paragraph (a). The covered battery clearinghouse is entitled to damages​ 30.33 under this paragraph equal to the cost of recovery and proper management of covered​ 30.34 batteries. Additional amounts recoverable under this paragraph include an award of​ 30.35 reasonable attorney fees and costs.​ 30​Sec. 11.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 31.1 (c) The commissioner may not be a party to or be required to provide assistance or​ 31.2 otherwise participate in a civil action authorized under this subdivision unless subject to a​ 31.3 subpoena before a court of jurisdiction.​ 31.4 EFFECTIVE DATE. This section is effective January 1, 2030.​ 31.5 Sec. 12. [115A.1345] OTHER AUTHORITIES AND DUTIES.​ 31.6 Subdivision 1. Limited private right of action against producers. (a) Except as​ 31.7 provided in paragraph (e), the covered battery clearinghouse or a covered battery stewardship​ 31.8 organization may maintain a civil action against one or more covered battery stewardship​ 31.9 organizations or one or more covered battery producers, except a de minimis covered battery​ 31.10 producer, to recover a portion of the covered battery clearinghouse's or covered battery​ 31.11 stewardship organization's costs and additional amounts according to this subdivision.​ 31.12 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual​ 31.13 costs incurred by the plaintiff covered battery clearinghouse or covered battery stewardship​ 31.14 organization under sections 115A.1331 to 115A.1347; of managing covered batteries of​ 31.15 other covered battery producers that were not participants; or that should otherwise have​ 31.16 been due to the covered battery clearinghouse from a subordinate covered battery stewardship​ 31.17 organization. Additional amounts recoverable under this subdivision include an award of​ 31.18 reasonable attorney fees and costs. If a defendant covered battery producer did not participate​ 31.19 in the covered battery stewardship program during the period when covered batteries of the​ 31.20 defendant were managed by the plaintiff covered battery clearinghouse or covered battery​ 31.21 stewardship organization, a punitive sum of up to three times the damages awarded may be​ 31.22 assessed.​ 31.23 (c) A plaintiff covered battery clearinghouse may establish a defendant covered battery​ 31.24 stewardship organization's fair share of the plaintiff's actual costs by providing the court​ 31.25 with information by which the defendant covered battery stewardship organization's share​ 31.26 of the covered battery stewardship program costs would have been allocated had the​ 31.27 defendant covered battery stewardship organization paid its allocated share. The plaintiff​ 31.28 covered battery clearinghouse may use data from other covered battery stewardship​ 31.29 organizations to provide the information.​ 31.30 (d) A plaintiff covered battery clearinghouse or covered battery stewardship organization​ 31.31 may establish a defendant covered battery producer's fair share of the plaintiff's actual costs​ 31.32 by providing the court with information establishing the process by which the defendant​ 31.33 covered battery producer's share of covered battery stewardship program costs would have​ 31.34 been allocated had the defendant covered battery producer been a participant in the program​ 31​Sec. 12.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 32.1 or paid its allocated share if it was a participant. The plaintiff covered battery clearinghouse​ 32.2 or covered battery stewardship organization may use data from covered battery producers​ 32.3 similar in covered battery, financial status, or market share to the defendant covered battery​ 32.4 producer to provide the information.​ 32.5 (e) An action may not be commenced under this subdivision against a potential defendant​ 32.6 until 60 days after the plaintiff provides to all potential defendants a written notice of the​ 32.7 claim setting forth the amount of the claim and the basis for the calculation of the amount.​ 32.8 (f) No action may be brought under this subdivision against a person other than a covered​ 32.9 battery producer or covered battery stewardship organization.​ 32.10 (g) The commissioner may not be a party to or be required to provide assistance or​ 32.11 otherwise participate in a civil action authorized under this subdivision unless subject to a​ 32.12 subpoena before a court of jurisdiction.​ 32.13 Subd. 2. Conduct authorized. A covered battery producer, covered battery stewardship​ 32.14 organization, or covered battery clearinghouse that organizes collection and covered services​ 32.15 for covered batteries under sections 115A.1331 to 115A.1347 is immune from liability for​ 32.16 the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices,​ 32.17 and other regulation of trade or commerce only to the extent that the conduct is necessary​ 32.18 to plan and implement the covered battery producer's, covered battery stewardship​ 32.19 organization's, or covered battery clearinghouse's chosen system.​ 32.20 Subd. 3. Duty to provide information. Upon request of the commissioner for purposes​ 32.21 of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125, a person​ 32.22 must furnish to the commissioner any information that the person has or may reasonably​ 32.23 obtain.​ 32.24 Subd. 4. Contracts. (a) Any person awarded a contract under chapter 16C for purchase​ 32.25 or lease of covered batteries that is found to be in violation of sections 115A.1331 to​ 32.26 115A.1347 is subject to the following sanctions:​ 32.27 (1) the contract must be voided if the commissioner of administration determines that​ 32.28 the potential adverse impact to the state is exceeded by the benefit obtained from voiding​ 32.29 the contract; and​ 32.30 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part​ 32.31 1230.1150.​ 32.32 (b) If the attorney general establishes that any money, property, or benefit was obtained​ 32.33 by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in​ 32​Sec. 12.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 33.1 addition to any other remedy, order the disgorgement of the unlawfully obtained money,​ 33.2 property, or benefit.​ 33.3 Subd. 5. Multistate implementation. The commissioner may participate in establishing​ 33.4 a regional multistate organization or compact to assist in carrying out the requirements of​ 33.5 sections 115A.1331 to 115A.1347.​ 33.6 Subd. 6. Rules. The commissioner may adopt rules to implement sections 115A.1331​ 33.7 to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking​ 33.8 under this subdivision.​ 33.9 EFFECTIVE DATE. This section is effective January 1, 2026.​ 33.10 Sec. 13. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;​ 33.11 COVERED BATTERY SALES RESTRICTION.​ 33.12 Subdivision 1. Disposal prohibition. (a) A person may not place a covered battery into:​ 33.13 (1) solid waste; or​ 33.14 (2) a recycling container that a covered battery collector has not clearly marked for use​ 33.15 for collecting covered batteries.​ 33.16 (b) A person must manage a covered battery that is discarded by delivering the covered​ 33.17 battery to a covered battery collection site or to a recycling facility for covered batteries.​ 33.18 (c) Until recycled, covered batteries are not exempt from any applicable rules adopted​ 33.19 under section 116.07 for managing hazardous waste.​ 33.20 Subd. 2. Labeling and sale; requirements. (a) A person may not sell, including online​ 33.21 sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a​ 33.22 sale of a covered battery unless the covered battery is labeled as required under clauses (1)​ 33.23 to (3). Labeling under this paragraph must be permanently marked on or affixed to the​ 33.24 covered battery and must use language, graphics, or a QR code. A QR code must be​ 33.25 compliant with International Organization of Standardization 18004:2015 and access​ 33.26 equivalent data via the Internet that is available without a fee or a requirement to create an​ 33.27 account. The labeling must identify:​ 33.28 (1) the battery chemistry employed to store energy in the battery;​ 33.29 (2) the energy capacity of the battery in watt-hours; and​ 33.30 (3) the manufacturer of the battery or the brand under which the battery will be sold.​ 33​Sec. 13.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 34.1 (b) A person may not sell, including online sales; offer for sale or promotional purposes;​ 34.2 distribute in or into the state; or facilitate a sale of a covered battery unless:​ 34.3 (1) the covered battery's producer is named as a participant in a covered battery​ 34.4 stewardship plan published under section 115A.1335, subdivision 4; or​ 34.5 (2) the brand is named as covered in the approved covered battery stewardship plan​ 34.6 published under section 115A.1335, subdivision 4.​ 34.7 (c) A person may not sell, including online sales; offer for sale or promotional purposes;​ 34.8 distribute in or into the state; or facilitate a sale of a covered battery if the covered battery​ 34.9 stewardship plan under which the covered battery was covered has been terminated under​ 34.10 section 115A.1335, subdivision 5, until a new covered battery stewardship plan is approved​ 34.11 under section 115A.1335, subdivision 4.​ 34.12 (d) This subdivision does not apply to isolated and occasional sales of a covered battery​ 34.13 that are not made in the normal course of business, as exempted from sales tax under section​ 34.14 297A.67, subdivision 23.​ 34.15 (e) This subdivision does not apply to sales, including online sales; offers for sale or​ 34.16 promotional purposes; distribution; or facilitation of a sale of a used covered battery.​ 34.17 EFFECTIVE DATE. This section is effective January 1, 2030.​ 34.18 Sec. 14. Minnesota Statutes 2024, section 115A.554, is amended to read:​ 34.19 115A.554 AUTHORITY OF SANITARY DISTRICTS.​ 34.20 A sanitary district has the authorities and duties of counties within the district's boundary​ 34.21 for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;​ 34.22 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961;​ 34.23 116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.​ 34.24 EFFECTIVE DATE. This section is effective January 1, 2030.​ 34.25 Sec. 15. Minnesota Statutes 2024, section 115A.9157, is amended to read:​ 34.26 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.​ 34.27 Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means​ 34.28 a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery,​ 34.29 except a rechargeable battery governed by section 115A.9155 or exempted by the​ 34.30 commissioner under subdivision 9. The terms used in this section have the meanings given​ 34.31 in sections 115A.03 and 115A.1331.​ 34​Sec. 15.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 35.1 Subd. 2. Prohibition. Effective August 1, 1991, A person may not place in mixed​ 35.2 municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a​ 35.3 nonremovable rechargeable battery, or a product powered by rechargeable batteries or​ 35.4 rechargeable battery pack, from which all batteries or battery packs have not been removed.​ 35.5 A person may not place a product powered by rechargeable batteries in solid waste unless​ 35.6 all batteries have been removed from the product.​ 35.7 Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries​ 35.8 or products powered by rechargeable batteries that are not easily removable from the products​ 35.9 is responsible for the costs of collecting and managing its waste rechargeable batteries and​ 35.10 waste products under subdivision 5 to ensure that the products and batteries are not part of​ 35.11 the solid waste stream.​ 35.12 Subd. 5. Collection and management programs. (a) By September 20, 1995, the​ 35.13 manufacturers A manufacturer under subdivision 3 or their representative organization shall​ 35.14 implement a permanent programs, based on the results of the pilot projects required in​ 35.15 Minnesota Statutes 1994, section 115A.9157, subdivision 4, program that may be reasonably​ 35.16 expected to collect 90 percent of the waste rechargeable batteries and the participating​ 35.17 manufacturers' manufacturer's products powered by rechargeable batteries that are not easily​ 35.18 removable from the products and that are generated as waste in the state. The batteries and​ 35.19 products collected must be recycled or otherwise managed or disposed of properly.​ 35.20 (b) In every odd-numbered year after 1995, each manufacturer or a representative​ 35.21 organization shall provide information to the commissioner and the senate and house of​ 35.22 representatives committees having jurisdiction over environment and natural resources and​ 35.23 environment and natural resources finance that specifies at least the estimated amount of​ 35.24 battery-containing products powered by rechargeable batteries that are not easily removed​ 35.25 from the products subject to this section sold generated as waste in the state by each​ 35.26 manufacturer and, the amount of batteries each such products collected during the previous​ 35.27 two years, and the methodology used to calculate those amounts. A representative​ 35.28 organization may report the amounts in aggregate for all the members of the organization.​ 35.29 Subd. 6. List of participants Program notice. A manufacturer or its representative​ 35.30 organization shall inform the commissioner and the committees listed in subdivision 5 when​ 35.31 they begin participating in the projects and programs implementing a program under​ 35.32 subdivision 5 and immediately if they withdraw participation stop implementing a program.​ 35.33 Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers​ 35.34 may contract with the state or a political subdivision any person to provide collection services​ 35​Sec. 15.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 36.1 under this section. The manufacturer or organization shall fully reimburse the state or​ 36.2 political subdivision person for the value of any contractual services rendered under this​ 36.3 subdivision.​ 36.4 Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers​ 36.5 and its officers, members, employees, and agents who participate in projects or programs​ 36.6 to collect and properly manage waste rechargeable batteries or products powered by​ 36.7 rechargeable batteries a program under this section are immune from liability under state​ 36.8 law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of​ 36.9 trade or commerce for activities related to the collection and management of batteries and​ 36.10 products required under this section.​ 36.11 Subd. 9. Exemptions. To ensure that new types of batteries do not add additional​ 36.12 hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner​ 36.13 of the agency may exempt a new type of rechargeable battery from the requirements of this​ 36.14 section if it poses no unreasonable hazard when placed in and processed or disposed of as​ 36.15 part of a mixed municipal solid waste.​ 36.16 EFFECTIVE DATE. This section is effective July 1, 2026.​ 36.17 Sec. 16. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:​ 36.18 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or retailer​ 36.19 may not sell or distribute at no cost a thermometer containing mercury that was manufactured​ 36.20 after June 1, 2001.​ 36.21 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing​ 36.22 mercury if the battery is in compliance with section 325E.125 subdivision 8l.​ 36.23 (c) A manufacturer is in compliance with this subdivision if the manufacturer:​ 36.24 (1) has received an exclusion or exemption from a state that is a member of the Interstate​ 36.25 Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no​ 36.26 alternative is available or for an application when no feasible alternative is available;​ 36.27 (2) submits a copy of the approved exclusion or exemption to the commissioner; and​ 36.28 (3) meets all of the requirements in the approved exclusion or exemption for the​ 36.29 manufacturer's activities within the state.​ 36.30 EFFECTIVE DATE. This section is effective January 1, 2030.​ 36​Sec. 16.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 37.1 Sec. 17. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to​ 37.2 read:​ 37.3 Subd. 8l. Ban; mercury in batteries. A person may not sell, offer for sale, or distribute​ 37.4 in or into the state:​ 37.5 (1) an alkaline manganese battery that contains mercury that is not a button cell​ 37.6 nonrechargeable battery;​ 37.7 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of​ 37.8 mercury; or​ 37.9 (3) a dry cell battery containing a mercuric oxide electrode.​ 37.10 EFFECTIVE DATE. This section is effective January 1, 2030.​ 37.11 Sec. 18. Minnesota Statutes 2024, section 325E.1151, subdivision 1, is amended to read:​ 37.12 Subdivision 1. Purchasers must return battery or pay surcharge. (a) A person who​ 37.13 purchases a large lead acid battery at retail, except a large lead acid battery that is designed​ 37.14 to provide power for a boat motor that is purchased at the same time as the battery, must:​ 37.15 (1) return a large lead acid battery to the retailer at the time of purchase; or​ 37.16 (2) pay the retailer a surcharge of at least $10.​ 37.17 (b) A person who has paid a surcharge under paragraph (a) must receive a refund of the​ 37.18 surcharge from the retailer if the person returns a large lead acid battery with a receipt for​ 37.19 the purchase of a new large lead acid battery from that retailer within 30 days after purchasing​ 37.20 a the new lead acid battery.​ 37.21 (c) A retailer may keep the unrefunded surcharges for large lead acid batteries not​ 37.22 returned within 30 days.​ 37.23 (d) For purposes of this section, "large lead acid battery" has the meaning given in section​ 37.24 115A.1331.​ 37.25 EFFECTIVE DATE. This section is effective July 1, 2026.​ 37.26 Sec. 19. Minnesota Statutes 2024, section 325E.1151, subdivision 2, is amended to read:​ 37.27 Subd. 2. Retailers must accept batteries. (a) A person who sells large lead acid batteries​ 37.28 at retail, including for installation by the seller or any other person, must accept at least five​ 37.29 large lead acid batteries from consumers a consumer daily and may not charge to receive​ 37​Sec. 19.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 38.1 the lead acid batteries. A consumer may not deliver more than five lead acid batteries to a​ 38.2 retailer at one time.​ 38.3 (b) A retailer of large lead acid batteries must recycle the large lead acid batteries received​ 38.4 from consumers.​ 38.5 (c) A retailer who violates paragraph (b) is guilty of a misdemeanor. Each large lead​ 38.6 acid battery that is not recycled is a separate violation.​ 38.7 EFFECTIVE DATE. This section is effective July 1, 2026.​ 38.8 Sec. 20. Minnesota Statutes 2024, section 325E.1151, subdivision 3, is amended to read:​ 38.9 Subd. 3. Retailers must post notices. (a) A person who sells large lead acid batteries​ 38.10 at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer​ 38.11 making purchasing decisions.​ 38.12 (b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal​ 38.13 recycling symbol and state:​ 38.14 "NOTICE: USED BATTERIES​ 38.15 This retailer is required to accept your used large lead acid batteries, EVEN IF YOU​ 38.16 DO NOT PURCHASE A BATTERY. When you purchase a new battery, you will be charged​ 38.17 an additional amount pay a surcharge of at least $10 unless you return a used battery at the​ 38.18 time of purchase. If you return a used battery to the retailer within 30 days of purchasing a​ 38.19 new battery, the surcharge amount will be refunded.​ 38.20 It is a crime illegal to put a motor vehicle battery batteries in the garbage trash."​ 38.21 EFFECTIVE DATE. This section is effective July 1, 2026.​ 38.22 Sec. 21. Minnesota Statutes 2024, section 325E.1151, is amended by adding a subdivision​ 38.23 to read:​ 38.24 Subd. 5. Wholesaler duty. A person that sells large lead acid batteries at wholesale or​ 38.25 offers large lead acid batteries for sale at wholesale must accept, at the point of transfer,​ 38.26 large lead acid batteries from customers.​ 38.27 EFFECTIVE DATE. This section is effective July 1, 2026.​ 38​Sec. 21.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 39.1 Sec. 22. Minnesota Statutes 2024, section 325E.12, is amended to read:​ 39.2 325E.12 PENALTY.​ 39.3 Violation of sections 325E.10 to 325E.1151 is a petty misdemeanor. Sections 325E.10​ 39.4 to 325E.1151 may be enforced under section sections 115.071 and 116.072.​ 39.5 EFFECTIVE DATE. This section is effective July 1, 2026.​ 39.6 Sec. 23. Minnesota Statutes 2024, section 325E.125, subdivision 3, is amended to read:​ 39.7 Subd. 3. Rechargeable tools and appliances consumer products. (a) A manufacturer​ 39.8 After January 1, 2028, a person may not sell, including online sales; facilitate a sale of, as​ 39.9 defined in section 115A.03; distribute,; or offer for sale in or into this state a rechargeable​ 39.10 consumer product unless:​ 39.11 (1) the battery can be easily removed by the consumer or is contained in a battery pack​ 39.12 that is separate from the product and can be easily removed; and​ 39.13 (2) the product and the battery are both labeled in a manner that is clearly visible to the​ 39.14 consumer indicating that the battery must be recycled or disposed of properly and the battery​ 39.15 must be clearly identifiable as to the type of electrode used in the battery.​ 39.16 (b) "Rechargeable consumer product" as used in this subdivision means any product​ 39.17 that contains a rechargeable battery and is primarily used or purchased to be used for personal,​ 39.18 family, or household purposes.​ 39.19 (c) On application by a manufacturer, the commissioner of the Pollution Control Agency​ 39.20 may exempt a rechargeable consumer product from the requirements of paragraph (a) if:​ 39.21 (1) the product cannot be reasonably redesigned and manufactured to comply with the​ 39.22 requirements prior to the effective date of Laws 1990, chapter 409, section 2;​ 39.23 (2) the redesign of the product to comply with the requirements would result in significant​ 39.24 danger to public health and safety; or​ 39.25 (3) the type of electrode used in the battery poses no unreasonable hazards when placed​ 39.26 in and processed or disposed of as part of mixed municipal solid waste.​ 39.27 (d) An exemption granted by the commissioner of the Pollution Control Agency under​ 39.28 paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed.​ 39.29 EFFECTIVE DATE. This section is effective July 1, 2026.​ 39​Sec. 23.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 40.1 Sec. 24. Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read:​ 40.2 Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered​ 40.3 by rechargeable batteries that does not participate in the pilot projects and programs required​ 40.4 in section 115A.9157 (a) A person may not sell, including online sales; facilitate a sale of;​ 40.5 distribute,; or offer for sale in or into this state rechargeable batteries or products powered​ 40.6 by rechargeable batteries after January 1, 1992. that are not easily removable unless​ 40.7 After January 1, 1992, a person who first purchases rechargeable batteries or products​ 40.8 powered by rechargeable batteries for importation into the state for resale may not purchase​ 40.9 rechargeable batteries or products powered by rechargeable batteries made by any person​ 40.10 other than a the manufacturer that participates in the projects and programs program required​ 40.11 under section 115A.9157.​ 40.12 (b) The terms used in this subdivision have the meanings given in sections 115A.03 and​ 40.13 115A.1331.​ 40.14 EFFECTIVE DATE. This section is effective July 1, 2026.​ 40.15 Sec. 25. Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read:​ 40.16 Subd. 2. Recovery of costs. Section 325E.125 may be enforced under section sections​ 40.17 115.071 and 116.072. In an enforcement action under this section in which the state prevails,​ 40.18 the state may recover reasonable administrative expenses, court costs, and attorney fees​ 40.19 incurred to take the enforcement action, in an amount to be determined by the court.​ 40.20 EFFECTIVE DATE. This section is effective July 1, 2026.​ 40.21 Sec. 26. REVISOR INSTRUCTION.​ 40.22 The revisor of statutes must renumber Minnesota Statutes, section 115A.03, subdivision​ 40.23 10b, as section 115A.03, subdivision 10e; and Minnesota Statutes, section 115A.03,​ 40.24 subdivision 10c, as section 115A.03, subdivision 10f.​ 40.25 Sec. 27. REPEALER.​ 40.26 Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3;​ 40.27 325E.115; 325E.1151, subdivision 4; 325E.125, subdivisions 1, 2, 2a, and 4; and 325E.1251,​ 40.28 subdivision 1, are repealed.​ 40.29 EFFECTIVE DATE. This section is effective July 1, 2026.​ 40​Sec. 27.​ 26-07862 as introduced​03/10/26 REVISOR CKM/HL​ 115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES.​ Subdivision 1. Prohibition. A person may not place in mixed municipal solid waste a dry cell​ battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed​ lead-acid that was purchased for use or used by a government agency, or an industrial,​ communications, or medical facility.​ Subd. 2. Manufacturer responsibility. (a) A manufacturer of batteries subject to subdivision​ 1 shall:​ (1) ensure that a system for the proper collection, transportation, and processing of waste batteries​ exists for purchasers in Minnesota; and​ (2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of​ the system or systems for proper collection, transportation, and processing of waste batteries available​ to the purchaser.​ (b) To ensure that a system for the proper collection, transportation, and processing of waste​ batteries exists, a manufacturer shall:​ (1) identify collectors, transporters, and processors for the waste batteries and contract or​ otherwise expressly agree with a person or persons for the proper collection, transportation, and​ processing of the waste batteries; or​ (2) accept waste batteries returned to its manufacturing facility.​ (c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a​ clear and conspicuous manner a telephone number that the final consumer of the battery can call​ to obtain information on specific procedures to follow in returning the battery for recycling or​ proper disposal. The manufacturer may include the telephone number and notice of return procedures​ on an invoice or other transaction document held by the purchaser. The manufacturer shall provide​ the telephone number to the commissioner of the agency.​ (d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing​ of the waste batteries is included in the sales transaction or agreement between the manufacturer​ and any purchaser.​ (e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for​ improper disposal by a person other than the manufacturer of waste batteries.​ 115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL.​ Subdivision 1. Definition. For the purposes of this section, "household batteries" means​ disposable or rechargeable dry cells commonly used as power sources for household or consumer​ products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc​ oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries.​ Subd. 2. Program. (a) The commissioner, in consultation with other state agencies, political​ subdivisions, and representatives of the household battery industry, may develop household battery​ programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission​ on Minnesota Resources study on batteries.​ (b) The commissioner shall investigate options and develop guidelines for collection, processing,​ and disposal of household batteries. The options the commissioner may investigate include:​ (1) establishing a grant program for counties to plan and implement household battery collection,​ processing, and disposal projects;​ (2) establishing collection and transportation systems;​ (3) developing and disseminating educational materials regarding environmentally sound battery​ management; and​ (4) developing markets for materials recovered from the batteries.​ (c) The commissioner may also distribute funds to political subdivisions to develop battery​ management plans and implement those plans.​ Subd. 3. Participation. A political subdivision, on its own or in cooperation with others, may​ implement a program to collect, process, or dispose of household batteries. A political subdivision​ 1R​ APPENDIX​ Repealed Minnesota Statutes: 26-07862​ may provide financial incentives to any person, including public or private civic groups, to collect​ the batteries.​ 325E.115 LEAD ACID BATTERIES; COLLECTION FOR RECYCLING.​ Subdivision 1. Surcharge; collection; notice. (a) A person selling lead acid batteries at retail​ or offering lead acid batteries for retail sale in this state shall:​ (1) accept, at the point of transfer, lead acid batteries from customers;​ (2) charge a fee of at least $10 per battery sold unless the customer returns a used battery to the​ retailer; and​ (3) post written notice in accordance with section 325E.1151.​ (b) Any person selling lead acid batteries at wholesale or offering lead acid batteries for sale at​ wholesale must accept, at the point of transfer, lead acid batteries from customers.​ Subd. 2. Compliance; management. The commissioner of the Pollution Control Agency shall​ inform persons governed by subdivision 1 of requirements for managing lead acid batteries.​ 325E.1151 LEAD ACID BATTERY PURCHASE AND RETURN.​ Subd. 4. Notices required in newspaper advertisements. (a) An advertisement for sale of​ new lead acid batteries at retail in newspapers published in this state must contain the notice in​ paragraph (b).​ (b) The notice must state:​ "At least $10 additional charge unless a used lead acid battery is returned. Improper disposal​ of a lead acid battery is a crime."​ 325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS.​ Subdivision 1. Labeling. (a) The manufacturer of a button cell battery that is to be sold in this​ state shall ensure that each battery contains no intentionally introduced mercury or is labeled to​ clearly identify for the final consumer of the battery the type of electrode used in the battery.​ (b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that​ each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type​ of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall​ also provide clear instructions for properly recharging the battery.​ Subd. 2. Mercury content. (a) Except as provided in paragraph (c), a manufacturer may not​ sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than​ 0.025 percent mercury by weight.​ (b) On application, the commissioner of the Pollution Control Agency may exempt a specific​ type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the​ requirements that can be reasonably substituted for the battery for which the exemption is sought.​ A battery exempted by the commissioner under this paragraph is subject to the requirements of​ section 115A.9155, subdivision 2.​ (c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in​ this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than​ 25 milligrams of mercury.​ (d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery​ containing a mercuric oxide electrode.​ (e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state​ an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury​ unless the commissioner of the Pollution Control Agency determines that compliance with this​ requirement is not technically and commercially feasible.​ Subd. 2a. Approval of new batteries. A manufacturer may not sell, distribute, or offer for sale​ in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or​ alkaline manganese battery, without first having received approval of the battery from the​ commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that​ comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is​ 2R​ APPENDIX​ Repealed Minnesota Statutes: 26-07862​ intended to ensure that new types of batteries do not add additional hazardous or toxic materials to​ the state's mixed municipal waste stream.​ Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable​ batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail​ shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing​ decisions.​ (b) The notice must be at least four inches by six inches and state:​ "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS:​ Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and​ products powered by nonremovable rechargeable batteries will provide a special collection system​ for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the​ special collection system that will be provided in your area. Take care of our environment.​ DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY​ NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."​ (c) Notice is not required for home solicitation sales, as defined in section 325G.06, or for​ catalogue sales.​ 325E.1251 PENALTY ENFORCEMENT.​ Subdivision 1. Penalty. Violation of section 325E.125 is a misdemeanor. A manufacturer who​ violates section 325E.125 is also subject to a minimum fine of $100 per violation.​ 3R​ APPENDIX​ Repealed Minnesota Statutes: 26-07862​