Product stewardship program for wind and solar infrastructure; fee on retail sales of wind and solar infrastructure establishment; moratorium on disposal of wind and solar energy infrastructure in landfills establishment; appropriating money

1.1 A bill for an act​ 1.2 relating to solid waste; requiring product stewardship program for wind and solar​ 1.3 infrastructure; providing for fee on retail sales of wind and solar infrastructure;​ 1.4 establishing moratorium on disposal of wind and solar energy infrastructure in​ 1.5 landfills; requiring a report; appropriating money; amending Minnesota Statutes​ 1.6 2024, sections 13.7411, subdivision 4; 115A.142; proposing coding for new law​ 1.7 in Minnesota Statutes, chapter 115A.​ 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.9 Section 1. Minnesota Statutes 2024, section 13.7411, subdivision 4, is amended to read:​ 1.10 Subd. 4. Waste management. (a) Product stewardship program programs. Trade​ 1.11 secret and sales data information submitted to the Pollution Control Agency under the​ 1.12 product stewardship program programs is classified under section sections 115A.1415 to​ 1.13 115A.1417.​ 1.14 (b) Transfer station data. Data received by a county or district from a transfer station​ 1.15 under section 115A.84, subdivision 5, are classified under that section.​ 1.16 (c) Solid waste records. Records of solid waste facilities received, inspected, or copied​ 1.17 by a county pursuant to section 115A.882 are classified pursuant to section 115A.882,​ 1.18 subdivision 3.​ 1.19 (d) Customer lists. Customer lists provided to counties or cities by solid waste collectors​ 1.20 are classified under section 115A.93, subdivision 5.​ 1​Section 1.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ SENATE​ STATE OF MINNESOTA​ S.F. No. 2892​NINETY-FOURTH SESSION​ (SENATE AUTHORS: LUCERO, Gruenhagen, Mathews and Bahr)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​03/24/2025​ Referred to Environment, Climate, and Legacy​ 2.1 Sec. 2. [115A.1417] WIND AND SOLAR ENERGY INFRASTRUCTURE; PRODUCT​ 2.2 STEWARDSHIP PROGRAM; STEWARDSHIP PLAN.​ 2.3 Subdivision 1. Definitions. (a) For purposes of this section, the terms in paragraphs (b)​ 2.4 to (n) have the meanings given.​ 2.5 (b) "Brand" means a name, symbol, word, or mark that:​ 2.6 (1) identifies a solar photovoltaic module or wind energy conversion system, rather than​ 2.7 their individual components; and​ 2.8 (2) attributes the solar photovoltaic module or wind energy conversion system to the​ 2.9 owner or licensee of the name, symbol, word, or mark as the producer.​ 2.10 (c) "Discarded wind and solar energy infrastructure" means wind and solar energy​ 2.11 infrastructure that is no longer used for its manufactured purpose.​ 2.12 (d) "Producer" means a person that:​ 2.13 (1) has legal ownership of the brand, brand name, or cobrand of solar photovoltaic​ 2.14 modules or wind energy conversion systems sold in the state;​ 2.15 (2) imports solar photovoltaic modules or wind energy conversion systems branded by​ 2.16 a producer that meets the criteria in clause (1) when the producer has no physical presence​ 2.17 in the United States;​ 2.18 (3) if clauses (1) and (2) do not apply, makes unbranded solar photovoltaic modules or​ 2.19 wind energy conversion systems that are sold in the state; or​ 2.20 (4) sells solar photovoltaic modules or wind energy conversion systems at wholesale or​ 2.21 retail, does not have legal ownership of the brand, and elects to fulfill the producer's​ 2.22 responsibilities for the solar photovoltaic modules or wind energy conversion systems by​ 2.23 certifying that election in writing to the commissioner.​ 2.24 (e) "Recycling" means the process of:​ 2.25 (1) collecting and preparing recyclable materials; and​ 2.26 (2) using recyclable materials in manufacturing processes that do not destroy the​ 2.27 recyclable materials in a manner that precludes subsequent use.​ 2.28 (f) "Retailer" means any person who offers solar photovoltaic modules or wind energy​ 2.29 conversion systems for sale at retail in the state.​ 2.30 (g) "Sale" or "sell" means transfer of title to solar photovoltaic modules or wind energy​ 2.31 conversion systems for consideration, including a remote sale conducted through a sales​ 2​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 3.1 outlet, catalog, website, or similar electronic means. Sale or sell includes a lease through​ 3.2 which solar photovoltaic modules or wind energy conversion systems are provided to a​ 3.3 consumer by a producer, wholesaler, or retailer.​ 3.4 (h) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision​ 3.5 1.​ 3.6 (i) "Stewardship assessment" means the amount added to the purchase price of wind​ 3.7 and solar infrastructure sold in the state that is necessary to cover the cost of collecting,​ 3.8 transporting, and processing discarded wind and solar infrastructure by the producer or​ 3.9 stewardship organization pursuant to a product stewardship program.​ 3.10 (j) "Stewardship organization" means an organization appointed by one or more producers​ 3.11 to act as an agent on behalf of the producer to design, submit, and administer a product​ 3.12 stewardship program under this section.​ 3.13 (k) "Stewardship plan" means a detailed plan describing the manner in which a product​ 3.14 stewardship program under subdivision 2 will be implemented.​ 3.15 (l) "Wind and solar energy infrastructure" means:​ 3.16 (1) solar photovoltaic modules; or​ 3.17 (2) wind energy conversion systems or wind energy conversion system components.​ 3.18 (m) "Wind energy conversion system" has the meaning given in section 216C.06,​ 3.19 subdivision 19.​ 3.20 (n) "Wind energy conversion system components" means individual parts of a wind​ 3.21 energy conversion system, including but not limited to rotor blades, towers, hubs, and​ 3.22 generators.​ 3.23 Subd. 2. Product stewardship program. Producers must, individually or through a​ 3.24 stewardship organization, implement and finance a statewide product stewardship program​ 3.25 that manages wind and solar energy infrastructure sold in the state that has been discarded​ 3.26 by reducing waste generation, promoting recycling, and negotiating and executing agreements​ 3.27 to collect, transport, and process the wind and solar energy infrastructure for end-of-life​ 3.28 recycling.​ 3.29 Subd. 3. Requirement to submit plan. (a) On or before March 1, 2026, and before​ 3.30 offering wind and solar infrastructure for sale in the state, a producer must:​ 3.31 (1) submit to the commissioner and receive approval of a stewardship plan; or​ 3​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 4.1 (2) submit to the commissioner documentation that demonstrates the producer has entered​ 4.2 into an agreement with a stewardship organization to be an active participant in an approved​ 4.3 product stewardship program described under subdivision 2.​ 4.4 A stewardship plan under clause (1) or (2) must include all elements required under​ 4.5 subdivision 5.​ 4.6 (b) The entity responsible for each stewardship plan must, if required by the​ 4.7 commissioner, submit an amendment to the plan every five years.​ 4.8 (c) The entity responsible for each stewardship plan must notify the commissioner within​ 4.9 30 days of any significant changes or modifications to the plan or its implementation and​ 4.10 must submit a revised written plan to the commissioner for review and approval within 30​ 4.11 days of the notification.​ 4.12 Subd. 4. Stewardship plan content. A stewardship plan must contain:​ 4.13 (1) certification that the product stewardship program will accept all discarded wind and​ 4.14 solar energy infrastructure, regardless of which producer produced the wind and solar energy​ 4.15 infrastructure;​ 4.16 (2) contact information for the individual and the entity submitting the plan, a list of all​ 4.17 producers participating in the product stewardship program, and the brands covered by the​ 4.18 product stewardship program;​ 4.19 (3) a description of the methods proposed to collect the discarded wind and solar energy​ 4.20 infrastructure in all areas in the state without relying on end-of-life fees, including:​ 4.21 (i) an explanation of how the collection system is designed to be convenient and adequate​ 4.22 to serve the needs of small businesses and residents in both urban and rural areas on an​ 4.23 ongoing basis; and​ 4.24 (ii) a discussion of opportunities to integrate the existing household hazardous waste​ 4.25 infrastructure when selecting collection sites;​ 4.26 (4) a description of the techniques to be used to monitor and maintain the adequacy of​ 4.27 the collection program;​ 4.28 (5) the names and locations of collectors, transporters, and recyclers that will manage​ 4.29 discarded wind and solar infrastructure;​ 4.30 (6) a description of how discarded wind and solar energy infrastructure are to be safely​ 4.31 and securely transported, tracked, and handled from collection through final recycling and​ 4.32 processing;​ 4​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 5.1 (7) a description of the method to be used to dismantle and recycle discarded wind and​ 5.2 solar energy infrastructure to ensure that, to the extent feasible, the components of the wind​ 5.3 and solar energy infrastructure are transformed or remanufactured into finished products​ 5.4 for use;​ 5.5 (8) a description of the promotion and outreach activities to be used to encourage​ 5.6 participation in the collection and recycling program, including measures to evaluate the​ 5.7 activities' effectiveness and whether the program requires modification;​ 5.8 (9) the proposed uniform stewardship assessment for all wind and solar energy​ 5.9 infrastructure sold in the state, which must be reviewed by an independent auditor to ensure​ 5.10 that the assessment does not exceed the costs of the product stewardship program. The​ 5.11 independent auditor must recommend a stewardship assessment amount, which must be​ 5.12 approved by the commissioner;​ 5.13 (10) evidence of adequate insurance and financial assurance, if required for collection,​ 5.14 handling, recycling, and disposal operations;​ 5.15 (11) five-year performance goals, including an estimate of both the percentage and​ 5.16 amount of discarded wind and solar energy infrastructure to be collected and recycled during​ 5.17 each of the first five years of the stewardship plan. The performance goals must state the​ 5.18 methodology used to determine the goals and must be based on:​ 5.19 (i) the most recent collection data available for the state;​ 5.20 (ii) the estimated number and weight of wind and solar energy infrastructure disposed​ 5.21 of annually; and​ 5.22 (iii) actual collection data from other existing stewardship programs; and​ 5.23 (12) a discussion regarding the status of end markets for collected wind and solar energy​ 5.24 infrastructure and what, if any, additional end markets are needed to improve the functioning​ 5.25 of the program.​ 5.26 Subd. 5. Consultation required. When developing a stewardship plan, each stewardship​ 5.27 organization or individual producer must consult with stakeholders, including retailers,​ 5.28 wind and solar energy infrastructure installers, owners, collectors, recyclers, and local​ 5.29 government.​ 5.30 Subd. 6. Review and approval. (a) Within 90 days after receiving a proposed stewardship​ 5.31 plan, the commissioner must determine whether the plan complies with subdivision 5. If​ 5.32 the commissioner approves a plan, the commissioner must notify the applicant in writing​ 5.33 of the plan's approval and implementation date, which must be no later than 90 days after​ 5​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 6.1 written notice of the plan's approval. If the commissioner rejects a plan, the commissioner​ 6.2 must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose​ 6.3 plan is rejected by the commissioner must submit a revised plan to the commissioner within​ 6.4 60 days after receiving notice of rejection.​ 6.5 (b) Any proposed changes to a stewardship plan must be approved by the commissioner​ 6.6 in writing.​ 6.7 Subd. 7. Plan availability. All draft and approved stewardship plans must be placed on​ 6.8 the agency website and made available at the agency headquarters for public review and​ 6.9 comment.​ 6.10 Subd. 8. Requirement for sale. (a) Beginning 90 days after the commissioner approves​ 6.11 a stewardship plan under subdivision 6, a producer, wholesaler, or retailer is prohibited​ 6.12 from selling or offering for sale in the state solar photovoltaic modules and wind energy​ 6.13 conversion systems unless the producer of solar photovoltaic modules and wind energy​ 6.14 conversion systems participates in an approved stewardship plan, either individually or​ 6.15 through a stewardship organization.​ 6.16 (b) Each producer must:​ 6.17 (1) operate a product stewardship program approved by the commissioner; or​ 6.18 (2) enter into an agreement with a stewardship organization to operate, on the producer's​ 6.19 behalf, a product stewardship program approved by the commissioner.​ 6.20 Subd. 9. Conduct authorized. A producer or stewardship organization that organizes​ 6.21 collection, transport, and processing of wind and solar energy infrastructure under this​ 6.22 section is immune from liability for conduct under state laws relating to antitrust, restraint​ 6.23 of trade, unfair trade practices, and other regulation of trade or commerce. Liability immunity​ 6.24 under this section is limited to conduct necessary to plan and implement the producer's or​ 6.25 organization's chosen organized collection or recycling system.​ 6.26 Subd. 10. Producer responsibilities. (a) On and after the implementation date of a​ 6.27 product stewardship program under this section, a producer of wind and solar energy​ 6.28 infrastructure must add the stewardship assessment, as approved by the commissioner, to​ 6.29 the cost of wind and solar energy infrastructure sold to retailers and distributors in the state.​ 6.30 (b) A wind and solar infrastructure producer or the stewardship organization must provide​ 6.31 consumers with educational materials regarding the stewardship assessment and product​ 6.32 stewardship program. The materials must include but are not limited to information regarding​ 6.33 available end-of-life management options for wind and solar energy infrastructure offered​ 6​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 7.1 through the product stewardship program and information notifying consumers that a charge​ 7.2 for operating the product stewardship program is included in the purchase price of wind​ 7.3 and solar energy infrastructure sold in the state.​ 7.4 (c) A producer or stewardship organization must conduct and document due diligence​ 7.5 assessments of collectors and recyclers it contracts with, including an assessment of items​ 7.6 specified under subdivision 11. A producer or stewardship organization must maintain​ 7.7 documentation for three years that all wind and solar energy infrastructure recycled, partially​ 7.8 recycled, or sent to downstream recycling operations comply with subdivision 11.​ 7.9 (d) A producer or stewardship organization must provide the commissioner with contact​ 7.10 information for an individual who can be contacted regarding the producer's or stewardship​ 7.11 organization's activities under this section.​ 7.12 Subd. 11. Recycler responsibilities. Beginning September 1, 2026, and each September​ 7.13 1 thereafter, a recycler must certify to the commissioner that wind and solar energy​ 7.14 infrastructure recycling facilities, including all downstream recycling operations:​ 7.15 (1) comply with all applicable health, environmental, safety, and financial responsibility​ 7.16 regulations;​ 7.17 (2) are licensed by all applicable governmental authorities;​ 7.18 (3) use no prison labor to recycle wind and solar energy infrastructure; and​ 7.19 (4) possess liability insurance of not less than $1,000,000 for environmental releases,​ 7.20 accidents, and other emergencies.​ 7.21 Subd. 12. Retailer responsibilities. (a) Beginning 90 days after the commissioner​ 7.22 approves a stewardship plan under subdivision 6, a producer is prohibited from selling solar​ 7.23 photovoltaic modules and wind energy conversion systems in the state unless the wind and​ 7.24 solar energy infrastructure's producer is participating in an approved stewardship plan.​ 7.25 (b) On and after the implementation date of a product stewardship program according​ 7.26 to this section, a retailer or distributor, as applicable, is prohibited from offering solar​ 7.27 photovoltaic modules and wind energy conversion systems for sale in this state unless the​ 7.28 full amount of the stewardship assessment added to the cost of solar photovoltaic modules​ 7.29 and wind energy conversion systems by producers under subdivision 10 is included in the​ 7.30 purchase price of the solar photovoltaic modules and wind energy conversion systems.​ 7.31 (c) Any retailer may participate, on a voluntary basis, as a designated collection point​ 7.32 pursuant to a product stewardship program under this section, subject to applicable law.​ 7​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 8.1 (d) A retailer or distributor does not violate this subdivision if, on the date a solar​ 8.2 photovoltaic module and wind energy conversion system sold by the retailer or distributor​ 8.3 was ordered from the producer or its agent, the producer was listed as compliant on the​ 8.4 agency website under subdivision 15.​ 8.5 Subd. 13. Stewardship reports. Beginning October 1, 2027, and each October 1​ 8.6 thereafter, producers of wind and solar energy infrastructure sold in the state must,​ 8.7 individually or through a stewardship organization, submit a report to the commissioner​ 8.8 describing the product stewardship program. At a minimum, the report must contain:​ 8.9 (1) a description of the methods used to collect, transport, and process wind and solar​ 8.10 energy infrastructure in all regions of the state;​ 8.11 (2) the number and weight of all wind and solar energy infrastructure collected in all​ 8.12 regions of the state and a comparison to the performance goals and recycling rates contained​ 8.13 in the stewardship plan;​ 8.14 (3) samples of educational materials provided to consumers, an evaluation of the​ 8.15 effectiveness of the materials, and an evaluation of the methods used to disseminate the​ 8.16 materials; and​ 8.17 (4) an independent financial audit of the stewardship program.​ 8.18 Subd. 14. Data classification. Trade secret information, as defined under section 13.37,​ 8.19 and sales information submitted to the commissioner under this section are nonpublic or​ 8.20 private data under section 13.37.​ 8.21 Subd. 15. Agency responsibilities. The commissioner must provide on the agency​ 8.22 website:​ 8.23 (1) a list of all compliant producers and brands participating in approved stewardship​ 8.24 plans; and​ 8.25 (2) a list of all producers and brands the commissioner has identified as noncompliant​ 8.26 with this section.​ 8.27 Subd. 16. Local government responsibilities. (a) A city, county, or other public agency​ 8.28 may choose to participate voluntarily in a product stewardship program.​ 8.29 (b) Cities, counties, and other public agencies are encouraged to work with producers​ 8.30 and stewardship organizations to assist in meeting product stewardship program recycling​ 8.31 obligations by providing education and outreach or using other strategies.​ 8​Sec. 2.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 9.1 Subd. 17. Administrative fee. (a) The stewardship organization or individual producer​ 9.2 submitting a stewardship plan must pay an annual administrative fee to the commissioner.​ 9.3 The commissioner may establish a variable fee based on relevant factors, including but not​ 9.4 limited to the portion of solar photovoltaic modules and wind energy conversion systems​ 9.5 sold in the state by members of the organization compared to the total amount of solar​ 9.6 photovoltaic modules and wind energy conversion systems sold in the state by all​ 9.7 organizations submitting a stewardship plan.​ 9.8 (b) By June 30, 2027, and by June 30 annually thereafter, the commissioner must identify​ 9.9 the agency's costs incurred under this section. The commissioner must set the fee at an​ 9.10 amount that, when paid by every stewardship organization or individual producer that​ 9.11 submits a stewardship plan, is adequate to reimburse the agency's full costs of administering​ 9.12 this section. The total annual fees collected under this subdivision must not exceed the​ 9.13 amount necessary to reimburse costs incurred by the agency to administer this section.​ 9.14 (c) A stewardship organization or individual producer subject to this subdivision must​ 9.15 pay the administrative fee under paragraph (a) on or before August 1, 2027, and by August​ 9.16 1 annually thereafter. Each year after the initial payment, the annual administrative fee may​ 9.17 not exceed five percent of the aggregate stewardship assessment added to the cost of all​ 9.18 wind and solar infrastructure sold by producers in the state for the preceding calendar year.​ 9.19 (d) All fees received under this section must be deposited to the state treasury and credited​ 9.20 to a product stewardship account in the special revenue fund. For fiscal years 2026 and​ 9.21 2027, the amount collected under this section is annually appropriated to the commissioner​ 9.22 to implement and enforce this section.​ 9.23 Sec. 3. Minnesota Statutes 2024, section 115A.142, is amended to read:​ 9.24 115A.142 REPORT TO LEGISLATURE AND GOVERNOR.​ 9.25 As part of the report required under section 115A.121, the commissioner of the Pollution​ 9.26 Control Agency shall provide a report to the governor and the legislature on the​ 9.27 implementation of section sections 115A.1415 and 115A.1417.​ 9.28 Sec. 4. [115A.9657] WIND AND SOLAR INFRASTRUCTURE DISPOSAL​ 9.29 PROHIBITIONS.​ 9.30 Subdivision 1. Mixed municipal solid waste. A person is prohibited from placing wind​ 9.31 and solar energy infrastructure in mixed municipal solid waste.​ 9​Sec. 4.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​ 10.1 Subd. 2. Landfills; moratorium. Wind and solar energy infrastructure must not be​ 10.2 disposed of in landfills in Minnesota.​ 10.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 10​Sec. 4.​ 25-03432 as introduced​02/06/25 REVISOR CKM/LJ​