Stewardship program establishment for circuit boards, batteries, and electrical products

1.1 A bill for an act​ 1.2 relating to environment; establishing stewardship program for circuit boards,​ 1.3 batteries, and electrical products; prohibiting mercury in batteries; authorizing​ 1.4 rulemaking; appropriating money; amending Minnesota Statutes 2024, sections​ 1.5 115A.03, by adding subdivisions; 115A.554; 115A.9157; 116.92, subdivision 6,​ 1.6 by adding a subdivision; 325E.125, subdivision 5; 325E.1251, subdivision 2;​ 1.7 proposing coding for new law in Minnesota Statutes, chapter 115A; repealing​ 1.8 Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, 3;​ 1.9 325E.125, subdivisions 1, 2, 2a, 3, 4; 325E.1251, subdivision 1.​ 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.11 Section 1. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision​ 1.12 to read:​ 1.13 Subd. 3b. Battery. "Battery" means one or more galvanic cells, including any structural​ 1.14 members, casing, and terminals.​ 1.15 EFFECTIVE DATE. This section is effective July 1, 2026.​ 1.16 Sec. 2. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to​ 1.17 read:​ 1.18 Subd. 10d. Facilitate a sale. "Facilitate a sale" means to assist a person in transferring​ 1.19 title or possession of a product, regardless of whether title or possession is ever acquired​ 1.20 by the person facilitating a sale, such as by operating an online marketplace, publishing an​ 1.21 offer for sale on a website, physically storing inventory of products, entering into a contract​ 1.22 to allow another person to list a product for sale, processing payment on behalf of another​ 1.23 person, entering into a contract with a buyer or a seller related to a sale, or otherwise​ 1.24 providing a sales process. Facilitate a sale does not include acting solely as:​ 1​Sec. 2.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ SENATE​ STATE OF MINNESOTA​ S.F. No. 1690​NINETY-FOURTH SESSION​ (SENATE AUTHORS: KUPEC, Abeler, Putnam, Hawj and Carlson)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​453​02/20/2025​ Referred to Environment, Climate, and Legacy​ Author added Wesenberg​627​03/03/2025​ Authors stricken Lieske; Wesenberg​674​03/06/2025​ Comm report: To pass as amended and re-refer to State and Local Government​695a​03/10/2025​ Author added Hawj​721​ Comm report: To pass and re-referred to Judiciary and Public Safety​733​03/13/2025​ Author added Carlson​775​ Comm report: To pass and re-referred to Commerce and Consumer Protection​1038​03/27/2025​ Comm report: To pass as amended and re-refer to Environment, Climate, and Legacy​04/07/2026​ 2.1 (1) an advertiser;​ 2.2 (2) a payment processor; or​ 2.3 (3) a common carrier.​ 2.4 EFFECTIVE DATE. This section is effective July 1, 2026.​ 2.5 Sec. 3. [115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES;​ 2.6 DEFINITIONS.​ 2.7 (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this​ 2.8 section and section 115A.03.​ 2.9 (b) "Battery-containing product" means a product:​ 2.10 (1) in which a covered battery is contained;​ 2.11 (2) to which a covered battery is attached; or​ 2.12 (3) with which a covered battery is packaged.​ 2.13 (c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a​ 2.14 symbol, a word, or an identifier that attributes a product to the owner or licensee of the​ 2.15 brand.​ 2.16 (d) "Collection" means receipt of discarded covered batteries from a person, including​ 2.17 sorting and storage that are necessary for receipt and that are performed by the covered​ 2.18 battery collector. Collection does not include transport of a covered battery that occurs after​ 2.19 a covered battery collector receives the covered battery, except for transport by the covered​ 2.20 battery collector to or between a covered battery collection site or sites operated by the​ 2.21 covered battery collector.​ 2.22 (e) "Covered battery" means a loose battery or a battery that is easily removable. A​ 2.23 covered battery may be of any brand, type, physical size, energy capacity, or chemistry. A​ 2.24 covered battery includes a covered small battery, covered medium battery, or covered large​ 2.25 battery. A covered battery does not include:​ 2.26 (1) a lead acid battery regulated under sections 325E.115 and 325E.1151;​ 2.27 (2) a battery designed, manufactured, and intended solely for use in a motor vehicle;​ 2.28 (3) a battery contained within a medical device, as specified in United States Code, title​ 2.29 21, section 321(h), as it existed as of the effective date of this section, that is not designed​ 2.30 and marketed for sale or resale principally to consumers for personal use;​ 2​Sec. 3.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 3.1 (4) a battery removed from a permanent, stationary, energy storage system that requires​ 3.2 installation and removal by an electrician licensed under chapter 326B;​ 3.3 (5) a battery transported into the state after the battery is collected in another state; or​ 3.4 (6) a battery subject to recall for safety reasons.​ 3.5 (f) "Covered battery collection site" means a physical location where a covered battery​ 3.6 collector collects covered batteries from other persons, regardless of whether the covered​ 3.7 battery collector operates the location permanently, temporarily, or for purposes of a​ 3.8 collection event.​ 3.9 (g) "Covered battery collector" means a person that collects covered batteries on behalf​ 3.10 of and under agreement with a covered battery stewardship organization and receives​ 3.11 reimbursement at the rates determined according to section 115A.1335 from the covered​ 3.12 battery stewardship organization for the covered battery collector's costs for collection of​ 3.13 the covered batteries.​ 3.14 (h) "Covered battery producer" means the following person responsible for compliance​ 3.15 with requirements under sections 115A.1331 to 115A.1347 for a covered battery sold,​ 3.16 including online sales, offered for sale or promotional purposes, or distributed in or into the​ 3.17 state:​ 3.18 (1) for a covered battery:​ 3.19 (i) if the covered battery is sold, offered, or distributed under a brand owned by the​ 3.20 person that manufactured the covered battery, the producer is the person that manufactured​ 3.21 the covered battery;​ 3.22 (ii) if the covered battery is sold, offered, or distributed under a brand owned by a person​ 3.23 other than the person that manufactured the covered battery, the producer is the person that​ 3.24 owned the brand;​ 3.25 (iii) if the covered battery is sold, offered, or distributed under a brand licensed to a​ 3.26 person, the producer is the person that is the licensee of the brand under which the covered​ 3.27 battery is sold, offered, or distributed, whether or not the brand is registered in the state;​ 3.28 (iv) if there is no person described in items (i) to (iii) within the United States, the​ 3.29 producer is the person that imported the covered battery into the United States to be sold,​ 3.30 offered, or distributed; and​ 3.31 (v) if there is no person described in items (i) to (iv), the producer is the person that first​ 3.32 sold, offered, or distributed the covered battery in or into the state;​ 3​Sec. 3.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 4.1 (2) for a covered battery contained in, attached to, or packaged with a battery-containing​ 4.2 product:​ 4.3 (i) if the battery-containing product is sold, offered, or distributed under a brand owned​ 4.4 by the person that manufactured it, the producer is the person that manufactured the​ 4.5 battery-containing product;​ 4.6 (ii) if the battery-containing product is sold, offered, or distributed under a brand owned​ 4.7 by a person other than the person that manufactured the battery-containing product, the​ 4.8 producer is the person that owned the brand;​ 4.9 (iii) if the battery-containing product is sold, offered, or distributed under a brand licensed​ 4.10 to a person, the producer is the person that is the licensee of the brand under which the​ 4.11 battery-containing product is sold, offered, or distributed, whether or not the brand is​ 4.12 registered in the state;​ 4.13 (iv) if there is no person described in items (i) to (iii) within the United States, the​ 4.14 producer is the person that imported the battery-containing product into the United States​ 4.15 to be sold, offered, or distributed; and​ 4.16 (v) if there is no person described in items (i) to (iv), the producer is the person that first​ 4.17 sold, offered, or distributed the battery-containing product in or into the state;​ 4.18 (3) notwithstanding clause (2), a producer does not include any person that manufactured,​ 4.19 imported into the United States, or sold, offered, or distributed in or into the state a​ 4.20 battery-containing product if the producer of the only covered batteries contained in, attached​ 4.21 to, or packaged with the battery-containing product is named as a participant by a covered​ 4.22 battery stewardship organization and both the person and the participant acknowledge such​ 4.23 in writing to the covered battery stewardship organization; and​ 4.24 (4) notwithstanding clauses (1) and (2), a person that voluntarily assumes the​ 4.25 responsibility of a producer of a covered battery and certifies that they have assumed the​ 4.26 responsibility of a producer in writing to the commissioner is the producer of the covered​ 4.27 battery.​ 4.28 (i) "Covered battery stewardship organization" means an organization that contracts​ 4.29 with one or more covered battery producers to meet the producers' obligations under sections​ 4.30 115A.1331 to 115A.1347.​ 4.31 (j) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared​ 4.32 according to section 115A.1335 and submitted to the commissioner by each covered battery​ 4.33 stewardship organization.​ 4​Sec. 3.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 5.1 (k) "Covered battery stewardship program" means a system implemented by a covered​ 5.2 battery stewardship organization to manage all covered batteries offered to a covered battery​ 5.3 collector by arranging and paying for the collection, covered services, and all other activities​ 5.4 described in a covered battery stewardship plan approved by the commissioner under section​ 5.5 115A.1335, subdivision 4.​ 5.6 (l) "Covered large battery" means a covered battery that weighs more than 25 pounds​ 5.7 or has an energy capacity greater than 2,000 watt-hours or both. Covered large battery does​ 5.8 not include a battery that is designed, manufactured, and intended solely for use in​ 5.9 manufacturing, industrial, or other commercial settings.​ 5.10 (m) "Covered large battery collection site" means a covered battery collection site that​ 5.11 meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (b), and (e).​ 5.12 (n) "Covered medium battery" means a covered battery that weighs more than 11 pounds​ 5.13 but equal to or less than 25 pounds or has an energy capacity greater than 300 watt-hours​ 5.14 but equal to or less than 2,000 watt-hours.​ 5.15 (o) "Covered medium battery collection site" means a covered battery collection site​ 5.16 that meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (c), and​ 5.17 (e).​ 5.18 (p) "Covered services" means transportation, processing, recycling, and disposal of​ 5.19 covered batteries and residual materials after collection. Covered services does not include:​ 5.20 (1) repair or reuse of a covered battery by the collector; or​ 5.21 (2) transport of a covered battery by the covered battery collector that collected it to or​ 5.22 between a covered battery collection site or sites that are operated by the covered battery​ 5.23 collector.​ 5.24 (q) "Covered small battery" means a covered battery that weighs 11 pounds or less and​ 5.25 has an energy capacity of 300 watt-hours or less.​ 5.26 (r) "Covered small battery collection site" means a covered battery collection site that​ 5.27 meets the requirements of section 115A.1341, subdivision 1, paragraphs (a), (d), and (e).​ 5.28 (s) "Distribute" means to sell, offer, supply, ship, transport, or deliver a product to a​ 5.29 person that sells, offers, supplies, ships, transports, or delivers the product in or into the​ 5.30 state, regardless of whether title to the product is ever acquired by a person distributing the​ 5.31 product.​ 5​Sec. 3.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 6.1 (t) "Easily removable" or "easily removed" means that a battery can be removed by a​ 6.2 single person from a product by hand or by hand and the use of only:​ 6.3 (1) a flathead, crosshead, or Phillips screwdriver;​ 6.4 (2) a paper clip;​ 6.5 (3) a coin; or​ 6.6 (4) a hex key.​ 6.7 (u) "Household hazardous waste management program" means a program established​ 6.8 under section 115A.96 to collect and manage household hazardous waste, as defined in​ 6.9 section 115A.96, that is established or operated by the agency or another public entity,​ 6.10 including but not limited to a political subdivision, state agency, or federally recognized​ 6.11 Tribe.​ 6.12 (v) "Independent auditor" means a certified public accountant that:​ 6.13 (1) holds a current active license under chapter 326A and rules adopted thereunder;​ 6.14 (2) is retained by a covered battery stewardship organization;​ 6.15 (3) is not otherwise employed by or affiliated with the commissioner or a covered battery​ 6.16 stewardship organization; and​ 6.17 (4) is qualified to conduct an audit under section 115A.1337, subdivision 6, clause (8).​ 6.18 (w) "Loose battery" means a battery that is not contained in or attached to a product. A​ 6.19 loose battery does not include a battery that is contained in an enclosure when the enclosure​ 6.20 is not integral to the operation of the battery.​ 6.21 (x) "Motor vehicle" has the meaning given in section 168.002.​ 6.22 (y) "Participant" means a covered battery producer that is named by a covered battery​ 6.23 stewardship organization as meeting the covered battery producer's obligations under sections​ 6.24 115A.1331 to 115A.1347. If one covered battery producer is named as a participant by​ 6.25 voluntarily assuming responsibility for a covered battery on behalf of other covered battery​ 6.26 producers under paragraph (h), clause (4), then all those covered battery producers are also​ 6.27 participants.​ 6.28 (z) "Rechargeable battery" means a battery that is designed and intended to have electrical​ 6.29 energy added to it by electrical or physical means after use.​ 6.30 (aa) "Residual material" means materials and wastes resulting from processing, recycling,​ 6.31 or disposal of covered batteries.​ 6​Sec. 3.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 7.1 (bb) "Responsible market" means a market for covered batteries, for reclaimed materials​ 7.2 from collected covered batteries, or for any other recyclable residual material from collected​ 7.3 covered batteries that:​ 7.4 (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a​ 7.5 manner that protects the environment and minimizes risks to public health and worker health​ 7.6 and safety;​ 7.7 (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and​ 7.8 other laws governing environmental, health, safety, and financial responsibility;​ 7.9 (3) possesses all licenses and permits required by a federal or state agency or political​ 7.10 subdivision;​ 7.11 (4) if operating in the state, recycles batteries to the maximum extent practicable in​ 7.12 accordance with section 115A.02, paragraph (b); and​ 7.13 (5) minimizes adverse impacts to environmental justice areas.​ 7.14 (cc) "Specialized covered battery recycler" means a person that, if and as applicable, is​ 7.15 properly authorized by the commissioner or, if operating in another state or country, an​ 7.16 equivalent state, federal, or other governmental body, to process, recycle, or reclaim useful​ 7.17 materials from covered batteries.​ 7.18 EFFECTIVE DATE. This section is effective July 1, 2026.​ 7.19 Sec. 4. [115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET.​ 7.20 Subdivision 1. Due dates. (a) By July 1, 2027:​ 7.21 (1) each covered battery producer must contract with a covered battery stewardship​ 7.22 organization to act on the covered battery producer's behalf for purposes of complying with​ 7.23 the producer's obligations under sections 115A.1331 to 115A.1347; and​ 7.24 (2) each covered battery stewardship organization must:​ 7.25 (i) notify the commissioner that it has been designated by covered battery producers to​ 7.26 act on their behalf; and​ 7.27 (ii) provide to the commissioner its identity and contact information.​ 7.28 (b) By January 1, 2029, a covered battery stewardship organization must submit to the​ 7.29 commissioner a covered battery stewardship plan that meets all requirements of subdivision​ 7.30 2 for review under subdivision 4.​ 7​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 8.1 Subd. 2. Plan content; budget requirement. (a) The covered battery stewardship plan​ 8.2 must include:​ 8.3 (1) identification of and contact information for the covered battery stewardship​ 8.4 organization;​ 8.5 (2) a description and example of contracts, including a list of all parties to the contracts,​ 8.6 that must:​ 8.7 (i) clearly grant the covered battery stewardship organization the authority to act on​ 8.8 behalf of the participants that the covered battery stewardship organization represents to​ 8.9 implement the covered battery stewardship plan;​ 8.10 (ii) include a statement of responsibility of the participants that the covered battery​ 8.11 stewardship organization represents to comply with the approved covered battery stewardship​ 8.12 plan; and​ 8.13 (iii) include a statement of responsibility of the participants that the covered battery​ 8.14 stewardship organization represents to fund the covered battery stewardship organization​ 8.15 as necessary to implement the covered battery stewardship plan, pay for associated costs,​ 8.16 and pay for fees and penalties assessed by the commissioner;​ 8.17 (3) identification of and contact information for all participants in the covered battery​ 8.18 stewardship program;​ 8.19 (4) identification of and contact information for each covered battery collector or​ 8.20 prospective covered battery collector that has agreed to operate covered battery collection​ 8.21 sites to collect covered batteries on behalf of the covered battery stewardship organization​ 8.22 and documentation of such agreements. A covered battery collection site may only be​ 8.23 included in one covered battery stewardship plan at a time;​ 8.24 (5) identification of and contact information for each person providing covered services​ 8.25 and the location of all facilities where covered services will be provided;​ 8.26 (6) identification and contact information for those persons that the covered battery​ 8.27 stewardship organization has contracted with and that will administer and implement the​ 8.28 covered battery stewardship program in accordance with section 115A.1337, subdivision​ 8.29 7. The relationship of the other persons to the covered battery stewardship organization and​ 8.30 their role in administering and implementing the covered battery stewardship program must​ 8.31 be described;​ 8.32 (7) the address, county of location, and, in a form prescribed by the commissioner,​ 8.33 geolocation data for each covered battery collection site to be served through the covered​ 8​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 9.1 battery stewardship organization under the covered battery stewardship program and​ 9.2 identification of those covered battery collection sites that are operated by a household​ 9.3 hazardous waste management program;​ 9.4 (8) a list of the brands covered under the covered battery stewardship program;​ 9.5 (9) eligibility criteria for prospective covered battery collectors;​ 9.6 (10) a description of how the covered battery stewardship program will provide​ 9.7 convenient, statewide collection according to subdivision 3 without collection of covered​ 9.8 batteries performed by collection sites on behalf of another covered battery stewardship​ 9.9 organization;​ 9.10 (11) a description of how the covered battery stewardship organization will annually​ 9.11 monitor and ensure continuing compliance with the convenience standards under subdivision​ 9.12 3;​ 9.13 (12) a description of how the covered battery stewardship organization will ensure each​ 9.14 covered battery collector is provided with the materials specified in section 115A.1337,​ 9.15 subdivision 1;​ 9.16 (13) a description of how covered battery collection sites will be accessible according​ 9.17 to section 115A.1337, subdivision 2;​ 9.18 (14) the performance standards for persons providing covered services for the covered​ 9.19 battery stewardship organization and the oversight methods by which the covered battery​ 9.20 stewardship organization will ensure continuing compliance with the performance standards.​ 9.21 The covered battery stewardship organization may determine performance standards, which​ 9.22 at a minimum must:​ 9.23 (i) accord with clauses (17) to (20), (22), (23), and (36);​ 9.24 (ii) ensure that covered services other than transportation are provided only by specialized​ 9.25 covered battery recyclers; and​ 9.26 (iii) ensure covered batteries and residual materials are managed through responsible​ 9.27 markets;​ 9.28 (15) a description of the oversight methods by which the covered battery stewardship​ 9.29 organization will ensure continuing compliance with the performance standards under clause​ 9.30 (14);​ 9.31 (16) a description of how the covered battery stewardship organization will ensure that​ 9.32 there are multiple persons providing covered services to ensure resiliency in the system;​ 9​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 10.1 (17) a description of methods by which the covered battery stewardship organization​ 10.2 will ensure that discarded covered batteries and residual materials managed under the covered​ 10.3 battery stewardship program are managed while in the state in compliance with rules adopted​ 10.4 under section 116.07 for managing solid waste and hazardous waste, when applicable, and,​ 10.5 when outside the state, with all applicable legal requirements for managing solid waste and​ 10.6 hazardous waste, as applicable;​ 10.7 (18) a description of the actions the covered battery stewardship organization will take​ 10.8 upon receiving information of potential or actual noncompliance under clause (17) by any​ 10.9 person handling covered batteries under the covered battery stewardship program;​ 10.10 (19) a description of methods by which the covered battery stewardship organization​ 10.11 will ensure that covered batteries and residual materials managed under the covered battery​ 10.12 stewardship program are managed in compliance with safety and health requirements for​ 10.13 employees administered by the Department of Labor and Industry and with fire protection​ 10.14 requirements administered by the Department of Public Safety while in the state and, when​ 10.15 outside the state, with all applicable federal, state, and local employee safety and health​ 10.16 requirements and fire protection requirements;​ 10.17 (20) a description of the actions the covered battery stewardship organization will take​ 10.18 upon receiving information of potential or actual noncompliance under clause (19) by any​ 10.19 person handling covered batteries under the covered battery stewardship program;​ 10.20 (21) a description of how the covered battery stewardship organization will ensure​ 10.21 sufficient and timely pickup and transport of covered batteries are provided to each covered​ 10.22 battery collection site so that the covered battery collection site can continuously and safely​ 10.23 collect and store covered batteries;​ 10.24 (22) a description of methods by which the covered battery stewardship organization​ 10.25 will ensure that covered batteries and residual materials managed under the covered battery​ 10.26 stewardship program are transported in compliance with applicable regulations incorporated​ 10.27 by reference under section 221.033 for transporting hazardous materials while in the state​ 10.28 and, when outside the state, with all applicable legal requirements for transporting hazardous​ 10.29 materials;​ 10.30 (23) a description of the actions the covered battery stewardship organization will take​ 10.31 upon receiving information of potential or actual noncompliance under clause (22) by any​ 10.32 person handling covered batteries under the covered battery stewardship program;​ 10.33 (24) a statement of indemnification by the covered battery stewardship organization to​ 10.34 covered battery collectors for potential liability for improper downstream management of​ 10​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 11.1 covered batteries or residual materials by providers of covered services arranged for by the​ 11.2 covered battery stewardship organization and identified in the covered battery stewardship​ 11.3 plan under clause (5);​ 11.4 (25) a description of how the covered battery stewardship organization will determine​ 11.5 and annually report the quantity of covered batteries collected under the covered battery​ 11.6 stewardship program by chemistry by weight;​ 11.7 (26) a description of the outreach and education methods and activities that the covered​ 11.8 battery stewardship organization will ensure are provided according to section 115A.1337,​ 11.9 subdivision 4;​ 11.10 (27) a description of how the covered battery stewardship organization will ensure that​ 11.11 there is at least one full-time representative of the covered battery stewardship organization​ 11.12 who is dedicated to implementing the covered battery stewardship program in this state and​ 11.13 serves as the primary contact between the covered battery stewardship organization and the​ 11.14 agency;​ 11.15 (28) the proposed reimbursement rates for covered battery collectors that are household​ 11.16 hazardous waste management programs, according to the following:​ 11.17 (i) the proposed reimbursement rates must cover all costs of collection incurred by the​ 11.18 covered battery collectors, which include but are not limited to:​ 11.19 (A) labor, overhead, and supplies;​ 11.20 (B) necessary collection and storage structures and containers;​ 11.21 (C) employee training; and​ 11.22 (D) necessary safety materials;​ 11.23 (ii) the covered battery stewardship organization may, on agreement with the covered​ 11.24 battery collectors, provide materials or services to covered battery collectors in lieu of​ 11.25 covering specific costs;​ 11.26 (iii) necessary safety materials described in item (i), subitem (D), do not include fire​ 11.27 safety infrastructure, such as fire sprinklers or fire detection systems; and​ 11.28 (iv) the covered battery stewardship organization must meet and agree on the proposed​ 11.29 reimbursement rates with covered battery collectors and prospective covered battery​ 11.30 collectors that are household hazardous waste management programs;​ 11.31 (29) the proposed reimbursement rates for covered battery collectors that are not​ 11.32 household hazardous waste management programs, according to the following:​ 11​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 12.1 (i) the proposed reimbursement rates must cover all of the following costs of collection​ 12.2 incurred by the covered battery collectors:​ 12.3 (A) necessary collection and storage structures, containers, and supplies;​ 12.4 (B) employee training; and​ 12.5 (C) necessary safety materials;​ 12.6 (ii) the proposed reimbursement rates may, on agreement with the covered battery​ 12.7 collectors, cover costs of collection in addition to those described in item (i);​ 12.8 (iii) the covered battery stewardship organization may, on agreement with the covered​ 12.9 battery collectors, provide materials or services to covered battery collectors in lieu of​ 12.10 covering specific costs;​ 12.11 (iv) necessary safety materials described in item (i), subitem (C), do not include fire​ 12.12 safety infrastructure, such as fire sprinklers or fire detection systems; and​ 12.13 (v) the covered battery stewardship organization must meet and agree on the proposed​ 12.14 reimbursement rates with covered battery collectors and prospective covered battery​ 12.15 collectors that are not household hazardous waste management programs;​ 12.16 (30) documentation that the covered battery collectors and prospective covered battery​ 12.17 collectors identified in clause (4) have agreed to the proposed reimbursement rates in clauses​ 12.18 (28) and (29);​ 12.19 (31) documentation that the number of covered battery collection sites identified in​ 12.20 clause (7) to be operated by the covered battery collectors identified in clause (4) are​ 12.21 sufficient to ensure that the covered battery stewardship organization will comply with the​ 12.22 convenience standards of subdivision 3;​ 12.23 (32) a description of the system by which the covered battery stewardship organization​ 12.24 will provide advance payment or reimbursement to covered battery collectors in a manner​ 12.25 that provides:​ 12.26 (i) periodic automatic payment of reimbursements at least annually; or​ 12.27 (ii) a process for submitting reimbursement requests and reasonable timelines for​ 12.28 reimbursement, at intervals no longer than monthly unless otherwise agreed to by the covered​ 12.29 battery collector;​ 12.30 (33) a description of the system by which the covered battery stewardship organization​ 12.31 will pay persons providing covered services in a manner that provides:​ 12​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 13.1 (i) a clear process for submitting invoices; and​ 13.2 (ii) reasonable timelines for payment, at intervals agreed to by the person providing​ 13.3 covered services;​ 13.4 (34) a description of how the covered battery stewardship program costs will be allocated​ 13.5 among participants, either individually or among groups of participants identified by the​ 13.6 covered battery stewardship organization, such that the costs of managing covered batteries​ 13.7 are allocated equitably. As part of this description, a clear assignment of responsibility for​ 13.8 costs of managing covered batteries subject to a voluntary or mandatory recall to the​ 13.9 participant or participants associated with those covered batteries and not other participants​ 13.10 must be included;​ 13.11 (35) a description of how the covered battery stewardship organization will comply with​ 13.12 subdivision 6, paragraph (b);​ 13.13 (36) a description of how the covered battery stewardship organization will ensure that​ 13.14 covered batteries and residual materials managed under the covered battery stewardship​ 13.15 program are managed to the maximum extent practicable in accordance with section 115A.02,​ 13.16 paragraph (b);​ 13.17 (37) a description of how the covered battery stewardship organization will take actions​ 13.18 within its purview and provide feedback for covered battery producers to enable​ 13.19 improvements in product design and material use, technology, and personnel training that​ 13.20 could raise the future maximum extent practicable for management described in clause (36),​ 13.21 including consideration of covered battery reuse, repair, and product life cycle;​ 13.22 (38) a description of how the covered battery stewardship organization will annually​ 13.23 report to the commissioner, by chemistry by weight, the end management through recycling​ 13.24 or disposal of covered batteries for which the covered battery stewardship program was​ 13.25 responsible during each calendar year; and​ 13.26 (39) a description of how the covered battery stewardship organization will take action​ 13.27 to decrease the incidence of covered batteries in solid waste in the state, including providing​ 13.28 collection opportunities under section 115A.1337, subdivision 2, paragraph (b).​ 13.29 (b) By January 1, 2029, and annually thereafter, the covered battery stewardship​ 13.30 organization must submit an anticipated annual budget for the covered battery stewardship​ 13.31 program for that calendar year, broken down into the covered battery stewardship program's​ 13.32 estimated costs for administration, collection, sorting after collection, storage after collection,​ 13.33 transportation after collection, processing, recycling, disposal, and communication, including​ 13​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 14.1 the cost of fees under section 115A.1339. The budget is not subject to review and approval​ 14.2 under subdivisions 4 and 5.​ 14.3 Subd. 3. Convenience standards. (a) The covered battery stewardship plan must provide​ 14.4 convenient, statewide collection for all covered batteries that are offered to covered battery​ 14.5 collectors by a person in the state, regardless of:​ 14.6 (1) a covered battery's type, physical size, energy capacity, or chemistry;​ 14.7 (2) a covered battery's brand; or​ 14.8 (3) the producer of a covered battery.​ 14.9 (b) A covered battery stewardship plan submitted by a covered battery stewardship​ 14.10 organization must independently meet the convenience standards in paragraphs (c) to (e)​ 14.11 without cost sharing, collaboration, or consideration of activities of another covered battery​ 14.12 stewardship organization.​ 14.13 (c) For covered small batteries, the covered battery stewardship organization must:​ 14.14 (1) in each county with a population of 10,000 or less, maintain at least two covered​ 14.15 small battery collection sites;​ 14.16 (2) in each county with a population greater than 10,000 but less than or equal to 100,000,​ 14.17 maintain at least two covered small battery collection sites and at least one additional covered​ 14.18 small battery collection site for each additional 10,000 in population above a population of​ 14.19 10,000;​ 14.20 (3) in each county with a population greater than 100,000, maintain at least 11 covered​ 14.21 small battery collection sites and at least one additional covered small battery collection​ 14.22 site for each additional 50,000 in population above a population of 100,000; and​ 14.23 (4) maintain a covered small battery collection site located within ten miles of the​ 14.24 household of at least 95 percent of the residents of the state.​ 14.25 (d) For covered medium batteries, the covered battery stewardship organization must:​ 14.26 (1) in each county with a population of 100,000 or less, maintain at least one covered​ 14.27 medium battery collection site;​ 14.28 (2) in each county with a population greater than 100,000, maintain at least two covered​ 14.29 medium battery collection sites and at least one additional covered medium battery collection​ 14.30 site for each additional 100,000 in population above a population of 100,000; and​ 14​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 15.1 (3) maintain a covered medium battery collection site located within ten miles of the​ 15.2 household of at least 95 percent of the residents of the state.​ 15.3 (e) For covered large batteries, the covered battery stewardship organization must​ 15.4 maintain at least four covered large battery collection sites in each of the 11 development​ 15.5 regions of the state, as designated by section 462.385, except for region 11, in which ten​ 15.6 large battery collection sites must be maintained.​ 15.7 (f) When demonstrating compliance with paragraphs (c), (d), and (e), a covered battery​ 15.8 stewardship organization may count:​ 15.9 (1) a covered large battery collection site as a covered medium battery collection site​ 15.10 and a covered small battery collection site; and​ 15.11 (2) a covered medium battery collection site as a covered small battery collection site.​ 15.12 (g) The covered battery stewardship organization must ensure no net loss in estimated​ 15.13 collection convenience and capacity for covered batteries from the program in place on​ 15.14 January 1, 2026.​ 15.15 (h) Upon a showing by the covered battery stewardship organization that meeting the​ 15.16 convenience standard of paragraph (c), (d), or (e), for a specific county or development​ 15.17 region would cause undue hardship to the covered battery stewardship organization, the​ 15.18 commissioner may approve an alternative convenience standard if the proposed alternative​ 15.19 convenience standard would reasonably result in equivalent covered battery collection​ 15.20 convenience.​ 15.21 Subd. 4. Review of covered battery stewardship plan; implementation. (a) Within​ 15.22 120 days after receiving a complete covered battery stewardship plan submitted under this​ 15.23 section, the commissioner must determine whether the stewardship plan complies with this​ 15.24 section and will ensure that elements required by subdivision 2, paragraph (a), will be met​ 15.25 to the maximum extent practicable. The commissioner must provide a written notice of​ 15.26 determination according to this subdivision.​ 15.27 (b) In conducting a review of a covered battery stewardship plan, the commissioner may​ 15.28 consult with interested parties.​ 15.29 (c) For at least 30 days before approving a covered battery stewardship plan, the​ 15.30 commissioner must place the stewardship plan on the agency's publicly accessible website​ 15.31 for public review and comment.​ 15.32 (d) If the commissioner determines that a covered battery stewardship plan fails to​ 15.33 comply with this section or will not ensure that elements required by subdivision 2, paragraph​ 15​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 16.1 (a), will be met to the maximum extent practicable, the commissioner must reject the covered​ 16.2 battery stewardship plan. The commissioner must provide a written notice of determination​ 16.3 to the covered battery stewardship organization describing the reasons for the rejection.​ 16.4 (e) After any consultation under paragraph (b) and review of public comments received​ 16.5 under paragraph (c), if the commissioner determines that a covered battery stewardship plan​ 16.6 will ensure that elements required by subdivision 2, paragraph (a), will be met to the​ 16.7 maximum extent practicable, the commissioner must approve the covered battery stewardship​ 16.8 plan. The commissioner must provide a written notice of determination to the covered​ 16.9 battery stewardship organization and must publish the approved covered battery stewardship​ 16.10 plan on the agency's publicly accessible website within 30 days after approval.​ 16.11 (f) The covered battery stewardship organization must implement the covered battery​ 16.12 stewardship plan approved by the commissioner, including any amendments to the​ 16.13 stewardship plan that are approved by the commissioner according to subdivision 5, within​ 16.14 60 days after receiving written notice of approval.​ 16.15 (g) For each covered battery stewardship plan or amendment submitted to the​ 16.16 commissioner for review, the commissioner may consider the data submitted according to​ 16.17 section 115A.1337, subdivision 6, and other relevant information to establish requirements​ 16.18 to improve the effectiveness, performance, and awareness of the covered battery stewardship​ 16.19 program.​ 16.20 Subd. 5. Amending or terminating a covered battery stewardship plan. (a) The​ 16.21 covered battery stewardship organization may amend a covered battery stewardship plan​ 16.22 approved under subdivision 4 without review or approval by the commissioner to make the​ 16.23 changes specified in clauses (1) to (3). Within 30 days after adopting an amendment under​ 16.24 this paragraph, the covered battery stewardship organization must report the amendment to​ 16.25 the commissioner and the commissioner must publish the amended stewardship plan on the​ 16.26 agency's publicly accessible website. The covered battery stewardship organization must​ 16.27 implement amendments made to a stewardship plan under this paragraph within 60 days​ 16.28 after adopting the amendment. The covered battery stewardship organization may:​ 16.29 (1) add; terminate, when authorized under section 115A.1337, subdivision 1, if applicable;​ 16.30 or replace a covered battery collector, collection site, person providing covered services,​ 16.31 or facility where covered services will be performed;​ 16.32 (2) add or remove participants or brands covered under the covered battery stewardship​ 16.33 plan; or​ 16​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 17.1 (3) change contact staff or contact staff information for a covered battery stewardship​ 17.2 organization, participants, covered battery collectors, or persons providing covered services.​ 17.3 (b) Except for an amendment under paragraph (a), a covered battery stewardship plan​ 17.4 containing any amendment must be submitted to and reviewed and approved by the​ 17.5 commissioner before it may be implemented by the covered battery stewardship organization.​ 17.6 The commissioner must review and approve or reject the covered battery stewardship plan​ 17.7 containing the proposed amendment according to subdivision 4.​ 17.8 (c) The covered battery stewardship organization must submit an amended covered​ 17.9 battery stewardship plan for review:​ 17.10 (1) at least every five years according to this subdivision and subdivision 4; or​ 17.11 (2) within 60 days if the commissioner determines that an amended stewardship plan is​ 17.12 necessary to implement sections 115A.1331 to 115A.1347.​ 17.13 (d) The covered battery stewardship organization may terminate a covered battery​ 17.14 stewardship plan only:​ 17.15 (1) by providing at least 90 days' written notice to the commissioner and to all covered​ 17.16 battery stewardship organizations and participants in the covered battery stewardship​ 17.17 program; and​ 17.18 (2) after a replacement covered battery stewardship plan submitted by the covered battery​ 17.19 stewardship organization or a new covered battery stewardship organization is approved​ 17.20 by the commissioner under subdivision 4.​ 17.21 (e) The commissioner may terminate a covered battery stewardship plan for good cause,​ 17.22 as defined in paragraph (f). If the commissioner terminates a covered battery stewardship​ 17.23 plan, the commissioner must provide the covered battery stewardship organization with​ 17.24 written notice of termination describing the good cause for termination. The commissioner​ 17.25 must also notify all participants in the covered battery stewardship program in writing of​ 17.26 the termination, using the contact information for the participants provided in the covered​ 17.27 battery stewardship plan.​ 17.28 (f) For purposes of paragraph (e), "good cause" includes but is not limited to:​ 17.29 (1) failure by the covered battery stewardship organization to:​ 17.30 (i) fully and accurately disclose required or requested information to the commissioner;​ 17.31 (ii) comply with the terms of sections 115A.1331 to 115A.1347; or​ 17​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 18.1 (iii) pay fees or penalties owed to the commissioner or comply with an order lawfully​ 18.2 issued by the commissioner; and​ 18.3 (2) a finding that the covered battery stewardship organization's activities endanger​ 18.4 human health or the environment and the danger cannot reasonably be removed by an​ 18.5 amendment to the covered battery stewardship plan.​ 18.6 Subd. 6. Compliance. (a) The covered battery stewardship organization must comply​ 18.7 with the covered battery stewardship plan approved by the commissioner, including any​ 18.8 amendments to the stewardship plan that are made according to subdivision 5, paragraph​ 18.9 (a) or (b). The covered battery stewardship organization must ensure that all participants,​ 18.10 covered battery collectors, and persons providing covered services acting on behalf of the​ 18.11 covered battery stewardship organization also comply with the stewardship plan and are​ 18.12 responsible to the covered battery stewardship organization and to the commissioner for​ 18.13 compliance.​ 18.14 (b) The covered battery stewardship organization must ensure that covered battery​ 18.15 collectors are reimbursed according to the reimbursement rates approved by the commissioner​ 18.16 according to this section and the system described in the covered battery stewardship plan.​ 18.17 (c) The covered battery stewardship organization must ensure that all costs of the covered​ 18.18 battery stewardship program as specified in sections 115A.1331 to 115A.1347 are fully​ 18.19 paid for by participants. All costs of the covered battery stewardship program must be​ 18.20 allocated fairly between groups of participants without any fee, charge, surcharge, or any​ 18.21 other cost to:​ 18.22 (1) any member of the public;​ 18.23 (2) any business other than a covered battery producer;​ 18.24 (3) any covered battery collector;​ 18.25 (4) any person providing covered services;​ 18.26 (5) the state or any political subdivision; or​ 18.27 (6) any other person that is not a covered battery producer.​ 18.28 EFFECTIVE DATE. This section is effective July 1, 2026.​ 18​Sec. 4.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 19.1 Sec. 5. [115A.1337] COVERED BATTERY STEWARDSHIP ORGANIZATION;​ 19.2 DUTIES AND STRUCTURE.​ 19.3 Subdivision 1. Duties to covered battery collectors. (a) The covered battery stewardship​ 19.4 organization must ensure that the following are provided to each covered battery collector:​ 19.5 (1) reimbursement at the rates determined according to section 115A.1335 and the system​ 19.6 described in the covered battery stewardship plan;​ 19.7 (2) pickup and transport of collected covered batteries from each covered battery​ 19.8 collection site in sufficient time and quantity to allow the covered battery collector to safely​ 19.9 receive covered batteries without interruption or cost to the covered battery collector;​ 19.10 (3) appropriate containers for storage and transportation of covered batteries and supplies​ 19.11 necessary for the collection of covered batteries;​ 19.12 (4) signage to identify collection sites and the covered batteries accepted at the collection​ 19.13 sites;​ 19.14 (5) training for covered battery collection site employees on identifying and safely​ 19.15 handling and storing covered batteries, including damaged, defective, or recalled batteries,​ 19.16 also known as DDR batteries; and​ 19.17 (6) educational materials that address the information described in subdivision 4,​ 19.18 paragraph (a), clause (3), for distribution to members of the public and businesses in​ 19.19 Minnesota. The educational materials must be made available in English and at least the​ 19.20 three languages most commonly spoken at homes in the state other than English, according​ 19.21 to the state demographer.​ 19.22 (b) The covered battery stewardship organizations must consider the request of a covered​ 19.23 battery collector to perform covered services if the covered battery collector meets the​ 19.24 performance standards in the covered battery stewardship plan under section 115A.1335,​ 19.25 subdivision 2, paragraph (a), clause (14), and the covered battery collector and the covered​ 19.26 battery stewardship organization agree after negotiation in good faith on the fees to be paid​ 19.27 to the covered battery collector for performing the covered services. The covered battery​ 19.28 stewardship plan must identify the covered battery collector as providing covered services​ 19.29 according to section 115A.1335, subdivision 2, paragraph (a), clause (5).​ 19.30 (c) The covered battery stewardship organizations must allow the following persons to​ 19.31 serve as a covered battery collector:​ 19​Sec. 5.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 20.1 (1) a person that agrees to operate or continues to operate a covered battery collection​ 20.2 site in compliance with section 115A.1341, subdivision 1, paragraphs (a) and (e), and with​ 20.3 paragraph (b), (c), or (d), as applicable, and with:​ 20.4 (i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (17) to​ 20.5 (20), (22), and (23), and any other applicable provisions of the covered battery stewardship​ 20.6 plan in section 115A.1335; and​ 20.7 (ii) section 115A.1341; and​ 20.8 (2) a household hazardous waste management program.​ 20.9 (d) The covered battery stewardship organization may terminate a covered battery​ 20.10 collector, except a household hazardous waste management program, and cease payment​ 20.11 to the covered battery collector for good cause. Good cause under this paragraph does not​ 20.12 include accepting a battery subject to recall. The covered battery stewardship organization​ 20.13 may suspend a covered battery collector that is a household hazardous waste management​ 20.14 program and cease payment to the covered battery collector for good cause with the approval​ 20.15 of the commissioner, until the commissioner determines that the household hazardous waste​ 20.16 management program is compliant with sections 115A.1331 to 115A.1347.​ 20.17 Subd. 2. Accessibility. (a) The covered battery stewardship program must provide​ 20.18 convenient, equitable, and accessible service to all persons in Minnesota, including but not​ 20.19 limited to people of color; Minnesota Tribal governments as defined in section 10.65,​ 20.20 subdivision 2; those that are non-English speaking; immigrant and refugee communities;​ 20.21 those with limited access to transportation; and those in environmental justice areas.​ 20.22 (b) The covered battery stewardship program must include collection opportunities​ 20.23 beyond those required under section 115A.1335, subdivision 3, to better serve populations​ 20.24 under paragraph (a).​ 20.25 (c) Where feasible, the covered battery stewardship program must encourage establishing​ 20.26 covered battery collection sites in proximity to local public transit.​ 20.27 Subd. 3. Oversight. The covered battery stewardship organization must ensure that​ 20.28 covered batteries and residual materials managed under the covered battery stewardship​ 20.29 program are managed according to the performance standards in section 115A.1335,​ 20.30 subdivision 2, paragraph (a), clause (14), by all persons providing covered services.​ 20.31 Subd. 4. Program effectiveness. (a) To support the effectiveness of the covered battery​ 20.32 stewardship program, the covered battery stewardship organization must provide outreach​ 20.33 and education to:​ 20​Sec. 5.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 21.1 (1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate​ 21.2 a sale of covered batteries in or into the state, to inform them of the requirements of section​ 21.3 115A.1347, subdivision 2;​ 21.4 (2) potential covered battery collectors and persons that are collecting covered batteries​ 21.5 before the effective date of this section to inform them how to request coverage by the​ 21.6 covered battery stewardship program; and​ 21.7 (3) members of the public to raise awareness of:​ 21.8 (i) public health and safety and environmental risks caused by improperly charging,​ 21.9 storing, and disposing of covered batteries;​ 21.10 (ii) the need to safely charge and store covered batteries;​ 21.11 (iii) the benefits of recycling covered batteries in contrast to disposal; and​ 21.12 (iv) the existence of the covered battery stewardship program and the ability to manage​ 21.13 covered batteries at no cost, including the location and convenience of covered battery​ 21.14 collection sites in the state.​ 21.15 (b) The covered battery stewardship organization must maintain a publicly accessible​ 21.16 website to locate covered battery collection sites through map-based and text-based searches.​ 21.17 (c) The commissioner may determine the effectiveness of the covered battery stewardship​ 21.18 program using information from waste composition studies under section 115A.412 and​ 21.19 other information available to the commissioner. The commissioner may require the covered​ 21.20 battery stewardship organization to submit for approval proposals that when implemented​ 21.21 would decrease the incidence of covered batteries in solid waste in accordance with section​ 21.22 115A.1335, subdivision 2, paragraph (a), clause (39). The covered battery stewardship​ 21.23 organization must implement a proposal that is approved by the commissioner.​ 21.24 Subd. 5. Stakeholder consultation. (a) Covered battery stewardship organizations must​ 21.25 jointly and regularly consult with stakeholders associated with covered batteries. At least​ 21.26 one consultation meeting must occur before each covered battery stewardship plan is​ 21.27 submitted to the commissioner.​ 21.28 (b) Consultation meetings are to:​ 21.29 (1) assist with drafting and continuous review of a covered battery stewardship​ 21.30 organization's outreach and education activities, including but not limited to signage and​ 21.31 educational materials; and​ 21​Sec. 5.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 22.1 (2) make recommendations to a covered battery stewardship organization and the​ 22.2 commissioner to continuously improve the effectiveness of the outreach and education​ 22.3 activities and maximize participation in a covered battery stewardship program.​ 22.4 (c) Meetings must include representatives of stakeholders of the covered battery​ 22.5 stewardship program, including but not limited to the commissioner, household hazardous​ 22.6 waste management programs, covered battery collectors that are not household waste​ 22.7 management programs, persons providing or that might provide covered services, producers,​ 22.8 and other persons providing statewide representation.​ 22.9 Subd. 6. Reporting. By June 1 each year after a covered battery stewardship plan is​ 22.10 approved under section 115A.1335, subdivision 4, the covered battery stewardship​ 22.11 organization must report to the commissioner, in a form and manner prescribed by the​ 22.12 commissioner, on the covered battery stewardship organization's activities during the​ 22.13 preceding calendar year. The report must include:​ 22.14 (1) the address, county of location, and geolocation data for each covered battery​ 22.15 collection site served by the covered battery stewardship program during the preceding​ 22.16 calendar year;​ 22.17 (2) the chemistry by weight of covered batteries collected during each calendar year, in​ 22.18 accordance with section 115A.1335, subdivision 2, paragraph (a), clause (25);​ 22.19 (3) a description by chemistry by weight of the end management through recycling or​ 22.20 disposal of the covered batteries shipped from covered battery collection sites under the​ 22.21 covered battery stewardship program, in accordance with section 115A.1335, subdivision​ 22.22 2, paragraph (a), clause (38);​ 22.23 (4) the method or methods of verification used by the covered battery stewardship​ 22.24 organization to ensure that the description in clause (3) accurately reflects the actual end​ 22.25 management of the covered batteries;​ 22.26 (5) the effectiveness of the covered battery stewardship organization's efforts to decrease​ 22.27 the incidence of covered batteries in solid waste in the state, in accordance with section​ 22.28 115A.1335, subdivision 2, paragraph (a), clause (39);​ 22.29 (6) a summary of the results of the oversight according to section 115A.1335, subdivision​ 22.30 2, paragraph (a), clause (14);​ 22.31 (7) a description of outreach and education activities provided by the covered battery​ 22.32 stewardship organization during the preceding calendar year according to subdivision 4;​ 22​Sec. 5.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 23.1 (8) a financial report on the covered battery stewardship program, including actual costs​ 23.2 and funding compared to the budget for the year submitted under section 115A.1335,​ 23.3 subdivision 2, paragraph (b). The financial report must include an audit report of the covered​ 23.4 battery stewardship program, including the covered battery stewardship organization and​ 23.5 any additional covered battery stewardship organizations, by an independent auditor. The​ 23.6 independent auditor may be selected by the covered battery stewardship organization and​ 23.7 may be rejected by the commissioner for good cause. If the commissioner rejects an​ 23.8 independent auditor, the covered battery stewardship organization must select a different​ 23.9 independent auditor for approval or rejection by the commissioner;​ 23.10 (9) the proposed and actual budget for the period covered by the report; and​ 23.11 (10) starting on the second April after the covered battery stewardship organization's​ 23.12 first covered battery stewardship plan is approved by the commissioner, and then every​ 23.13 third year thereafter, a performance audit of the covered battery stewardship program. The​ 23.14 performance audit must conform to audit standards established by the United States​ 23.15 Government Accountability Office; the National Association of State Auditors, Comptrollers​ 23.16 and Treasurers; or another nationally recognized organization approved by the commissioner.​ 23.17 Subd. 7. Organization of a covered battery stewardship organization. (a) A covered​ 23.18 battery stewardship organization must comply with section 5.36.​ 23.19 (b) A covered battery stewardship organization may contract with any persons to​ 23.20 implement or administer a portion or portions of the covered battery stewardship plan or to​ 23.21 coordinate with a group or groups of participants.​ 23.22 (c) A contract established under paragraph (b) must be described under section​ 23.23 115A.1335, subdivision 2, paragraph (a), clause (6).​ 23.24 (d) Notwithstanding any contract established under paragraph (b), the covered battery​ 23.25 stewardship organization must:​ 23.26 (1) submit a covered battery stewardship plan to the commissioner meeting the​ 23.27 requirements of sections 115A.1331 to 115A.1347;​ 23.28 (2) submit a report to the commissioner according to subdivision 6 meeting the​ 23.29 requirements of sections 115A.1331 to 115A.1347;​ 23.30 (3) serve as the single point of contact for reporting, reimbursement, and payment to the​ 23.31 agency; and​ 23​Sec. 5.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 24.1 (4) maintain all responsibility and liability for compliance with all other requirements​ 24.2 of sections 115A.1331 to 115A.1347 applicable to the covered battery stewardship​ 24.3 organization.​ 24.4 EFFECTIVE DATE. This section is effective July 1, 2027.​ 24.5 Sec. 6. [115A.1339] FEES.​ 24.6 Subdivision 1. Administrative fees. (a) By October 1, 2027, the commissioner must​ 24.7 calculate the sum of all costs that the agency incurred to implement and administer sections​ 24.8 115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027.​ 24.9 (b) By December 1, 2027, the commissioner must assess an administrative fee and​ 24.10 equally split the fee among all covered battery stewardship organizations at an amount that​ 24.11 is adequate to reimburse the agency's costs calculated under paragraph (a). A covered battery​ 24.12 stewardship organization must pay the assessed administrative fee by the due date set by​ 24.13 the commissioner.​ 24.14 (c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum​ 24.15 of all costs that the agency incurred to implement and administer sections 115A.1331 to​ 24.16 115A.1347 during the six months of July through December of the preceding calendar year.​ 24.17 By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of​ 24.18 all costs that the agency incurred to implement and administer sections 115A.1331 to​ 24.19 115A.1347 during the six months of January through June of that calendar year.​ 24.20 (d) Notwithstanding section 16A.1283, the commissioner must semiannually assess the​ 24.21 annual administrative fees and equally split the fees among all covered battery stewardship​ 24.22 organizations at an amount that is adequate to reimburse the agency's costs calculated under​ 24.23 paragraph (c). A covered battery stewardship organization must pay the assessed​ 24.24 administrative fees by the due dates set by the commissioner.​ 24.25 (e) All agency costs calculated under this subdivision may be recovered in a civil action​ 24.26 brought by the attorney general against any person that may be liable under this subdivision​ 24.27 or any other law. Any costs that are recovered by the attorney general, including any award​ 24.28 of attorney fees, must be deposited in the covered battery stewardship account in the special​ 24.29 revenue fund.​ 24.30 Subd. 2. Disposition of fees. The total amount of net fees collected under this section​ 24.31 must not exceed the amount necessary to reimburse agency costs as calculated under​ 24.32 subdivision 1. All fees received under subdivision 1 must be deposited in the state treasury​ 24.33 and credited to a covered battery stewardship account in the special revenue fund. The​ 24​Sec. 6.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 25.1 amount collected under this section is annually appropriated to the commissioner to​ 25.2 implement and enforce sections 115A.1331 to 115A.1347.​ 25.3 EFFECTIVE DATE. This section is effective July 1, 2026.​ 25.4 Sec. 7. [115A.1341] COVERED BATTERY COLLECTOR DUTIES.​ 25.5 Subdivision 1. Accepting covered batteries. (a) All covered battery collectors must​ 25.6 accept covered batteries of any brand, type, or chemistry without imposing a fee, charge,​ 25.7 surcharge, or other cost to any person other than the covered battery stewardship organization.​ 25.8 (b) At a covered large battery collection site, a covered battery collector must accept​ 25.9 from any person daily at least:​ 25.10 (1) ten covered small batteries;​ 25.11 (2) four covered medium batteries; and​ 25.12 (3) two covered large batteries.​ 25.13 (c) At a covered medium battery collection site, a covered battery collector must accept​ 25.14 from any person daily at least:​ 25.15 (1) ten covered small batteries; and​ 25.16 (2) four covered medium batteries.​ 25.17 (d) At a covered small battery collection site, a covered battery collector must accept​ 25.18 from any person daily at least ten covered small batteries.​ 25.19 (e) A covered battery collection site must be open to receiving covered batteries at least​ 25.20 12 operating hours per week, 50 weeks each calendar year.​ 25.21 (f) A household hazardous waste management program may accept covered batteries at​ 25.22 any covered battery collection site that the program operates.​ 25.23 (g) A covered battery stewardship organization may count a covered battery collection​ 25.24 site when demonstrating compliance with the convenience standards under section​ 25.25 115A.1335, subdivision 3, only if the covered battery collection site complies with paragraph​ 25.26 (b), (c), or (d).​ 25.27 Subd. 2. Storing accepted covered batteries. A covered battery collector must manage​ 25.28 and store all accepted covered batteries safely and in compliance with all applicable federal,​ 25.29 state, and local laws, including but not limited to applicable rules adopted under section​ 25.30 116.07 for managing solid waste and hazardous waste.​ 25​Sec. 7.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 26.1 Subd. 3. Training. A covered battery collector must ensure and document that training​ 26.2 is provided for covered battery collection site employees on identifying and safely handling​ 26.3 and storing covered batteries, including damaged, defective, or recalled batteries, also known​ 26.4 as DDR batteries. The covered battery collector may provide the training or may receive​ 26.5 training through the covered battery stewardship organization.​ 26.6 Subd. 4. Record keeping. (a) A covered battery collector must maintain records as​ 26.7 specified in this paragraph for at least three years and make the records available to the​ 26.8 commissioner for inspection. The records must include the chemistry by weight of covered​ 26.9 batteries and any additional information required by the commissioner. The records must​ 26.10 document for each calendar year the covered batteries:​ 26.11 (1) accepted at a covered battery collection site; and​ 26.12 (2) shipped from a covered battery collection site.​ 26.13 (b) A covered battery collector must maintain documentation of each employee's training​ 26.14 related to covered batteries starting on the date of training and for at least three years​ 26.15 following the last day that the employee worked for the covered battery collector.​ 26.16 EFFECTIVE DATE. This section is effective July 1, 2029.​ 26.17 Sec. 8. [115A.1345] OTHER AUTHORITIES AND DUTIES.​ 26.18 Subdivision 1. Limited private right of action against producers. (a) Except as​ 26.19 provided in paragraph (d), the covered battery stewardship organization may maintain a​ 26.20 civil action against one or more covered battery producers to recover a portion of the covered​ 26.21 battery stewardship organization's costs and additional amounts according to this subdivision.​ 26.22 (b) Damages recoverable under this subdivision may not exceed a fair share of the actual​ 26.23 costs incurred by the plaintiff covered battery stewardship organization under sections​ 26.24 115A.1331 to 115A.1347; of managing covered batteries of other covered battery producers​ 26.25 that were not participants; or that should otherwise have been due to the covered battery​ 26.26 stewardship organization. Additional amounts recoverable under this subdivision include​ 26.27 an award of reasonable attorney fees and costs. If a defendant covered battery producer did​ 26.28 not participate in the covered battery stewardship program during the period when covered​ 26.29 batteries of the defendant were managed by the plaintiff covered battery stewardship​ 26.30 organization, a punitive sum of up to three times the damages awarded may be assessed.​ 26.31 (c) A plaintiff covered battery stewardship organization may establish a defendant​ 26.32 covered battery producer's fair share of the plaintiff's actual costs by providing the court​ 26.33 with information establishing the process by which the defendant covered battery producer's​ 26​Sec. 8.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 27.1 share of covered battery stewardship program costs would have been allocated had the​ 27.2 defendant covered battery producer been a participant in the program or paid its allocated​ 27.3 share if it was a participant. The plaintiff covered battery stewardship organization may use​ 27.4 data from covered battery producers similar in covered battery, financial status, or market​ 27.5 share to the defendant covered battery producer to provide the information.​ 27.6 (d) An action may not be commenced under this subdivision against a potential defendant​ 27.7 until 60 days after the plaintiff provides to all potential defendants a written notice of the​ 27.8 claim setting forth the amount of the claim and the basis for the calculation of the amount.​ 27.9 (e) No action may be brought under this subdivision against a person other than a covered​ 27.10 battery producer.​ 27.11 (f) The commissioner may not be a party to or be required to provide assistance or​ 27.12 otherwise participate in a civil action authorized under this subdivision unless subject to a​ 27.13 subpoena before a court of jurisdiction.​ 27.14 Subd. 2. Conduct authorized.A covered battery producer or covered battery stewardship​ 27.15 organization that organizes collection and covered services for covered batteries under​ 27.16 sections 115A.1331 to 115A.1347 is immune from liability for the conduct under state laws​ 27.17 relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade​ 27.18 or commerce only to the extent that the conduct is necessary to plan and implement the​ 27.19 covered battery producer's or covered battery stewardship organization's chosen system.​ 27.20 Subd. 3. Duty to retain and provide information. (a) Upon request of the commissioner​ 27.21 for purposes of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125,​ 27.22 a person must furnish to the commissioner any information that the person has or may​ 27.23 reasonably obtain.​ 27.24 (b) A covered battery stewardship organization must retain any information referenced​ 27.25 in a covered battery stewardship plan or report required under section 115A.1337 for at​ 27.26 least three years after the termination of the covered battery stewardship plan.​ 27.27 Subd. 4. Contracts. (a) Any person awarded a contract under chapter 16C for purchase​ 27.28 or lease of covered batteries that is found to be in violation of sections 115A.1331 to​ 27.29 115A.1347 is subject to the following sanctions:​ 27.30 (1) the contract must be voided if the commissioner of administration determines that​ 27.31 the potential adverse impact to the state is exceeded by the benefit obtained from voiding​ 27.32 the contract; and​ 27​Sec. 8.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 28.1 (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part​ 28.2 1230.1150.​ 28.3 (b) If the attorney general establishes that any money, property, or benefit was obtained​ 28.4 by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in​ 28.5 addition to any other remedy, order the disgorgement of the unlawfully obtained money,​ 28.6 property, or benefit.​ 28.7 Subd. 5. Multistate implementation. The commissioner may participate in establishing​ 28.8 a regional multistate organization or compact to assist in carrying out the requirements of​ 28.9 sections 115A.1331 to 115A.1347.​ 28.10 Subd. 6. Rules. The commissioner may adopt rules to implement sections 115A.1331​ 28.11 to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking​ 28.12 under this subdivision.​ 28.13 Subd. 7. Batteries subject to recall for safety reasons. All costs for receipt, sorting,​ 28.14 storage, transport, processing, recycling, and disposal of a battery subject to recall for safety​ 28.15 reasons that would otherwise be a covered battery are the responsibility of the person that​ 28.16 would otherwise be the covered battery producer of the battery. A covered battery stewardship​ 28.17 organization may charge that person for any costs incurred by the covered battery stewardship​ 28.18 organization managing such a battery. The covered battery stewardship organization may​ 28.19 take action under subdivision 1 to recover such costs. A covered battery stewardship​ 28.20 organization is responsible only for collection and management of such a battery if received​ 28.21 by a covered battery collector, and not any other actions associated with recall of the battery.​ 28.22 EFFECTIVE DATE. This section is effective January 1, 2026.​ 28.23 Sec. 9. [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING;​ 28.24 COVERED BATTERY SALES RESTRICTION.​ 28.25 Subdivision 1. Disposal prohibition. (a) A person may not place a covered battery into:​ 28.26 (1) solid waste; or​ 28.27 (2) a recycling container that a covered battery collector has not clearly marked for use​ 28.28 for collecting covered batteries.​ 28.29 (b) A person must manage a covered battery that is discarded by delivering the covered​ 28.30 battery to a covered battery collection site or to a recycling facility for covered batteries.​ 28.31 (c) Until recycled, covered batteries are not exempt from any applicable rules adopted​ 28.32 under section 116.07 for managing hazardous waste.​ 28​Sec. 9.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 29.1 Subd. 2. Labeling and sale; requirements. (a) A person may not sell, including online​ 29.2 sales; offer for sale or promotional purposes; distribute; or facilitate a sale of a covered​ 29.3 battery in or into the state unless the covered battery is labeled as required under clauses​ 29.4 (1) and (2). Labeling under this paragraph must be permanently marked on or affixed to the​ 29.5 covered battery and must use language, graphics, or a QR code. A QR code must be​ 29.6 compliant with International Organization of Standardization 18004:2015 and access​ 29.7 equivalent data via the Internet that is available without a fee or a requirement to create an​ 29.8 account. The labeling must identify:​ 29.9 (1) the battery chemistry employed to store energy in the battery; and​ 29.10 (2) the manufacturer of the battery or the brand under which the battery will be sold.​ 29.11 (b) A person may not sell, including online sales; offer for sale or promotional purposes;​ 29.12 distribute; or facilitate a sale of a covered battery or a battery-containing product in or into​ 29.13 the state unless:​ 29.14 (1) the covered battery producer is named as a participant in a covered battery stewardship​ 29.15 plan approved by the commissioner published under section 115A.1335, subdivision 4;​ 29.16 (2) the brand is named as covered in the covered battery stewardship plan approved by​ 29.17 the commissioner published under section 115A.1335, subdivision 4; or​ 29.18 (3) the covered battery stewardship organization with which the covered battery producer​ 29.19 is a participant has obtained approval of reimbursement rates according to section 115A.1335.​ 29.20 (c) A person may not sell, including online sales; offer for sale or promotional purposes;​ 29.21 distribute; or facilitate a sale of a covered battery or a battery-containing product in or into​ 29.22 the state if the covered battery stewardship plan under which the covered battery was covered​ 29.23 has been terminated under section 115A.1335, subdivision 5, until a new covered battery​ 29.24 stewardship plan is approved under section 115A.1335, subdivision 4.​ 29.25 (d) This subdivision does not apply to sales, including online sales; offers for sale or​ 29.26 promotional purposes; distribution; or facilitation of a sale of a used covered battery or used​ 29.27 battery-containing product.​ 29.28 EFFECTIVE DATE. This section is effective July 1, 2029.​ 29.29 Sec. 10. Minnesota Statutes 2024, section 115A.554, is amended to read:​ 29.30 115A.554 AUTHORITY OF SANITARY DISTRICTS.​ 29.31 A sanitary district has the authorities and duties of counties within the district's boundary​ 29.32 for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;​ 29​Sec. 10.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 30.1 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, subdivision 6; 115A.961;​ 30.2 116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 400.08; 400.16; and 400.161.​ 30.3 EFFECTIVE DATE. This section is effective July 1, 2029.​ 30.4 Sec. 11. Minnesota Statutes 2024, section 115A.9157, is amended to read:​ 30.5 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS.​ 30.6 Subdivision 1. Definition. For the purpose of this section, "rechargeable battery" means​ 30.7 a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery,​ 30.8 except a rechargeable battery governed by section 115A.9155 or exempted by the​ 30.9 commissioner under subdivision 9. The terms used in this section have the meanings given​ 30.10 in sections 115A.03 and 115A.1331.​ 30.11 Subd. 2. Prohibition. Effective August 1, 1991, a person may not place in mixed​ 30.12 municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a​ 30.13 nonremovable rechargeable battery, or a product powered by rechargeable batteries or​ 30.14 rechargeable battery pack, from which all batteries or battery packs have not been removed.​ 30.15 A person may not place a product powered by rechargeable batteries in solid waste unless​ 30.16 all batteries have been removed from the product.​ 30.17 Subd. 3. Collection and management costs. A manufacturer of rechargeable batteries​ 30.18 or products powered by rechargeable batteries that are not easily removable from the products​ 30.19 is responsible for the costs of collecting and managing its waste rechargeable batteries and​ 30.20 waste products under subdivision 5 to ensure that the products and batteries are not part of​ 30.21 the solid waste stream.​ 30.22 Subd. 5. Collection and management programs. (a) By September 20, 1995, the​ 30.23 manufacturers A manufacturer under subdivision 3 or their representative organization shall​ 30.24 implement a permanent programs, based on the results of the pilot projects required in​ 30.25 Minnesota Statutes 1994, section 115A.9157, subdivision 4, program that may be reasonably​ 30.26 expected to collect 90 percent of the waste rechargeable batteries and the participating​ 30.27 manufacturers' manufacturer's products powered by rechargeable batteries that are not easily​ 30.28 removable from the products and that are generated as waste in the state. The batteries and​ 30.29 products collected must be recycled or otherwise managed or disposed of properly.​ 30.30 (b) In every odd-numbered year after 1995, each manufacturer or a representative​ 30.31 organization shall provide information to the commissioner and the senate and house of​ 30.32 representatives committees having jurisdiction over environment and natural resources and​ 30.33 environment and natural resources finance that specifies at least the estimated amount of​ 30​Sec. 11.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 31.1 battery-containing products powered by rechargeable batteries that are not easily removed​ 31.2 from the products subject to this section sold generated as waste in the state by each​ 31.3 manufacturer and, the amount of batteries each such products collected during the previous​ 31.4 two years, and the methodology used to calculate those amounts. A representative​ 31.5 organization may report the amounts in aggregate for all the members of the organization.​ 31.6 Subd. 6. List of participants Program notice. A manufacturer or its representative​ 31.7 organization shall inform the commissioner and the committees listed in subdivision 5 when​ 31.8 they begin participating in the projects and programs implementing a program under​ 31.9 subdivision 5 and immediately if they withdraw participation stop implementing a program.​ 31.10 Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers​ 31.11 may contract with the state or a political subdivision any person to provide collection services​ 31.12 under this section. The manufacturer or organization shall fully reimburse the state or​ 31.13 political subdivision person for the value of any contractual services rendered under this​ 31.14 subdivision.​ 31.15 Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers​ 31.16 and its officers, members, employees, and agents who participate in projects or programs​ 31.17 to collect and properly manage waste rechargeable batteries or products powered by​ 31.18 rechargeable batteries a program under this section are immune from liability under state​ 31.19 law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of​ 31.20 trade or commerce for activities related to the collection and management of batteries and​ 31.21 products required under this section.​ 31.22 Subd. 9. Exemptions. To ensure that new types of batteries do not add additional​ 31.23 hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner​ 31.24 of the agency may exempt a new type of rechargeable battery from the requirements of this​ 31.25 section if it poses no unreasonable hazard when placed in and processed or disposed of as​ 31.26 part of a mixed municipal solid waste.​ 31.27 EFFECTIVE DATE. This section is effective July 1, 2026.​ 31.28 Sec. 12. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read:​ 31.29 Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or retailer​ 31.30 may not sell or distribute at no cost a thermometer containing mercury that was manufactured​ 31.31 after June 1, 2001.​ 31.32 (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing​ 31.33 mercury if the battery is in compliance with section 325E.125 subdivision 8l.​ 31​Sec. 12.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 32.1 (c) A manufacturer is in compliance with this subdivision if the manufacturer:​ 32.2 (1) has received an exclusion or exemption from a state that is a member of the Interstate​ 32.3 Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no​ 32.4 alternative is available or for an application when no feasible alternative is available;​ 32.5 (2) submits a copy of the approved exclusion or exemption to the commissioner; and​ 32.6 (3) meets all of the requirements in the approved exclusion or exemption for the​ 32.7 manufacturer's activities within the state.​ 32.8 EFFECTIVE DATE. This section is effective July 1, 2029.​ 32.9 Sec. 13. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to​ 32.10 read:​ 32.11 Subd. 8l. Ban; mercury in batteries. A person may not sell, offer for sale, or distribute​ 32.12 in or into the state:​ 32.13 (1) an alkaline manganese battery that contains mercury that is not a button cell​ 32.14 nonrechargeable battery;​ 32.15 (2) a nonrechargeable button cell battery that contains more than 25 milligrams of​ 32.16 mercury; or​ 32.17 (3) a dry cell battery containing a mercuric oxide electrode.​ 32.18 EFFECTIVE DATE. This section is effective July 1, 2029.​ 32.19 Sec. 14. Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read:​ 32.20 Subd. 5. Prohibitions. A manufacturer of rechargeable batteries or products powered​ 32.21 by rechargeable batteries that does not participate in the pilot projects and programs required​ 32.22 in section 115A.9157 A person may not sell, including online sales, facilitate a sale of,​ 32.23 distribute, or offer for sale in or into this state rechargeable batteries or products powered​ 32.24 by rechargeable batteries after January 1, 1992.​ 32.25 After January 1, 1992, a person who first purchases rechargeable batteries or products​ 32.26 powered by rechargeable batteries for importation into the state for resale may not purchase​ 32.27 rechargeable batteries or products powered by rechargeable batteries made by any person​ 32.28 other than a that are not easily removable unless the manufacturer that participates in the​ 32.29 projects and programs program required under section 115A.9157.​ 32.30 EFFECTIVE DATE. This section is effective July 1, 2026.​ 32​Sec. 14.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 33.1 Sec. 15. Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read:​ 33.2 Subd. 2. Recovery of costs. Section 325E.125 may be enforced under section sections​ 33.3 115.071 and 116.072. In an enforcement action under this section in which the state prevails,​ 33.4 the state may recover reasonable administrative expenses, court costs, and attorney fees​ 33.5 incurred to take the enforcement action, in an amount to be determined by the court.​ 33.6 EFFECTIVE DATE. This section is effective July 1, 2026.​ 33.7 Sec. 16. REPEALER.​ 33.8 Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3;​ 33.9 325E.125, subdivisions 1, 2, 2a, 3, and 4; and 325E.1251, subdivision 1, are repealed.​ 33​Sec. 16.​ S1690-2 2nd Engrossment​SF1690 REVISOR CKM​ 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: S1690-2​ may provide financial incentives to any person, including public or private civic groups, to collect​ the batteries.​ 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​ 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. 3. Rechargeable tools and appliances. (a) A manufacturer may not sell, distribute, or​ offer for sale in this state a rechargeable consumer product unless:​ (1) the battery can be easily removed by the consumer or is contained in a battery pack that is​ separate from the product and can be easily removed; and​ (2) the product and the battery are both labeled in a manner that is clearly visible to the consumer​ indicating that the battery must be recycled or disposed of properly and the battery must be clearly​ identifiable as to the type of electrode used in the battery.​ (b) "Rechargeable consumer product" as used in this subdivision means any product that contains​ a rechargeable battery and is primarily used or purchased to be used for personal, family, or​ household purposes.​ (c) On application by a manufacturer, the commissioner of the Pollution Control Agency may​ exempt a rechargeable consumer product from the requirements of paragraph (a) if:​ (1) the product cannot be reasonably redesigned and manufactured to comply with the​ requirements prior to the effective date of Laws 1990, chapter 409, section 2;​ (2) the redesign of the product to comply with the requirements would result in significant​ danger to public health and safety; or​ (3) the type of electrode used in the battery poses no unreasonable hazards when placed in and​ processed or disposed of as part of mixed municipal solid waste.​ 2R​ APPENDIX​ Repealed Minnesota Statutes: S1690-2​ (d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph​ (c), clause (1), must be limited to a maximum of two years and may be renewed.​ 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: S1690-2​