Product stewardship program establishment to promote recycling of boat wrap

1.1 A bill for an act​ 1.2 relating to recycling; establishing product stewardship program to promote recycling​ 1.3 of boat wrap; proposing coding for new law in Minnesota Statutes, chapter 115A.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. [115A.1416] BOAT WRAP; PRODUCT STEWARDSHIP PROGRAM.​ 1.6 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this​ 1.7 subdivision have the meanings given.​ 1.8 (b) "Boat" has the meaning given to watercraft under section 86B.005, subdivision 18.​ 1.9 (c) "Boat wrap" means low-density polyethylene plastic that is used to wrap a boat to​ 1.10 protect it against moisture, scratches, and other potentially harmful elements during storage.​ 1.11 (d) "Producer" means a manufacturer of boat wrap.​ 1.12 Subd. 2. Product stewardship program. For boat wrap sold in or into this state, a​ 1.13 producer must, individually or through a stewardship organization, implement and finance​ 1.14 a statewide product stewardship program that reduces the volume of boat wrap disposed of​ 1.15 in landfills, promotes boat wrap recycling, and provides for negotiation and execution of​ 1.16 agreements to collect, transport, and process boat wrap for end-of-life recycling and reuse.​ 1.17 Subd. 3. Participation required to sell. (a) On and after July 1, 2024, or three months​ 1.18 after program plan approval, whichever is sooner, no producer, wholesaler, or retailer may​ 1.19 sell or offer for sale in or into this state boat wrap unless the boat wrap's producer participates​ 1.20 in an approved stewardship plan, either individually or through a stewardship organization.​ 1​Section 1.​ 23-04550 as introduced​03/10/23 REVISOR CKM/JL​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3427​NINETY-THIRD SESSION​ (SENATE AUTHORS: MORRISON)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​02/12/2024​ Referred to Environment, Climate, and Legacy​ 2.1 (b) Each producer must operate a product stewardship program approved by the​ 2.2 commissioner or enter into an agreement with a stewardship organization to operate, on the​ 2.3 producer's behalf, a product stewardship program approved by the commissioner.​ 2.4 Subd. 4. Stewardship plan required. (a) On or before March 1, 2024, and before​ 2.5 offering boat wrap for sale in or into this state, a producer must:​ 2.6 (1) submit a stewardship plan that complies with subdivision 5 to the commissioner for​ 2.7 approval and receive approval of the plan from the commissioner; or​ 2.8 (2) submit documentation to the commissioner that demonstrates that the producer has​ 2.9 entered into an agreement with a stewardship organization to be an active participant in an​ 2.10 approved product stewardship program as described in subdivision 2.​ 2.11 (b) It is the responsibility of the entities responsible for each stewardship plan to notify​ 2.12 the commissioner of any proposed changes or modifications to the plan or its implementation.​ 2.13 A written plan revision must be submitted to the commissioner for review and may not be​ 2.14 implemented without written approval from the commissioner.​ 2.15 Subd. 5. Plan content. A stewardship plan must contain:​ 2.16 (1) certification that the product stewardship program will accept all discarded boat wrap​ 2.17 regardless of which producer produced the boat wrap and its individual components;​ 2.18 (2) contact information for the individual and the entity submitting the plan, a list of all​ 2.19 producers participating in the product stewardship program, and the brands covered by the​ 2.20 product stewardship program;​ 2.21 (3) a description of the methods by which the boat wrap will be collected in all areas in​ 2.22 the state without relying on end-of-life fees, including:​ 2.23 (i) an explanation of how the collection system will be convenient and adequate to serve​ 2.24 the needs of boat owners, marinas, and boat storage businesses in both urban and rural areas​ 2.25 on an ongoing basis; and​ 2.26 (ii) a discussion of how existing sites for collecting materials for recycling will be​ 2.27 considered when selecting collection sites;​ 2.28 (4) a description of how the adequacy of the collection program will be measured,​ 2.29 monitored, and maintained;​ 2.30 (5) the names and locations of collectors, transporters, and recyclers that will manage​ 2.31 discarded boat wrap;​ 2​Section 1.​ 23-04550 as introduced​03/10/23 REVISOR CKM/JL​ 3.1 (6) a description of how the discarded boat wrap and the boat wrap's components will​ 3.2 be safely and securely transported, tracked, and handled from collection through final​ 3.3 recycling and processing;​ 3.4 (7) a description of the method that will be used to reuse, deconstruct, or recycle the​ 3.5 discarded boat wrap to ensure that the boat wrap's components, to the extent feasible, are​ 3.6 transformed or remanufactured into finished products for use or into new materials capable​ 3.7 of being processed into finished products;​ 3.8 (8) a description of the promotion and outreach activities that will be undertaken to​ 3.9 encourage participation in the collection and recycling programs and how the activities'​ 3.10 effectiveness will be evaluated and the program modified, if necessary;​ 3.11 (9) evidence of adequate insurance and financial assurance that may be required for​ 3.12 collection, handling, and disposal operations;​ 3.13 (10) five-year performance goals, including an estimate of the percentage of discarded​ 3.14 boat wrap that will be collected, reused, and recycled during each of the first five years of​ 3.15 the stewardship plan. The stewardship plan must state the methodology used to determine​ 3.16 these goals. The performance goals must include a specific goal for the amount of discarded​ 3.17 boat wrap that will be collected and recycled during each year of the plan. The performance​ 3.18 goals must be based on:​ 3.19 (i) the most recent collection data available for the state;​ 3.20 (ii) the estimated amount of boat wrap disposed of annually;​ 3.21 (iii) the weight of the boat wrap that is expected to be available for collection annually;​ 3.22 and​ 3.23 (iv) actual collection data from other existing boat wrap recycling or stewardship​ 3.24 programs; and​ 3.25 (11) a discussion of the status of end markets for collected boat wrap and what, if any,​ 3.26 additional end markets are needed to improve the program.​ 3.27 Subd. 6. Consultation required. Each stewardship organization or individual producer​ 3.28 submitting a stewardship plan must consult with stakeholders, including boat owners, owners​ 3.29 of marinas and boat storage businesses, contractors, collectors, recyclers, and local​ 3.30 government, during the development of a stewardship plan.​ 3.31 Subd. 7. Agency review and approval. Within 90 days after receiving a proposed​ 3.32 stewardship plan, the commissioner must determine whether the plan complies with​ 3​Section 1.​ 23-04550 as introduced​03/10/23 REVISOR CKM/JL​ 4.1 subdivision 5. If the commissioner approves a plan, the commissioner must notify the​ 4.2 applicant of the plan approval in writing. If the commissioner rejects a plan, the commissioner​ 4.3 must notify the applicant in writing of the reasons for rejecting the plan. An applicant whose​ 4.4 plan is rejected by the commissioner must submit a revised plan to the commissioner within​ 4.5 60 days after receiving notice of rejection.​ 4.6 Subd. 8. Plan availability. The commissioner must make a draft stewardship plan​ 4.7 available on the agency website and at the agency headquarters for public review and​ 4.8 comment at least 30 days before the commissioner's decision regarding plan approval. The​ 4.9 commissioner must make an approved stewardship plan available on the agency website​ 4.10 and at the agency headquarters.​ 4.11 Subd. 9. Conduct authorized. A producer or stewardship organization that organizes​ 4.12 collection, transport, and processing of boat wrap under this section is immune from liability​ 4.13 for the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices,​ 4.14 and other regulation of trade or commerce only to the extent that the conduct is necessary​ 4.15 to plan and implement the producer's or organization's chosen organized collection or​ 4.16 recycling system.​ 4.17 Subd. 10. Producer responsibilities. Producers of boat wrap or the stewardship​ 4.18 organization must provide consumers with educational materials regarding the product​ 4.19 stewardship program. The materials must include but are not limited to information regarding​ 4.20 available end-of-life management options for boat wrap offered through the product​ 4.21 stewardship program.​ 4.22 Subd. 11. Recycler responsibilities.(a) No recycler or downstream recycler who receives​ 4.23 boat wrap collected under a stewardship plan approved under this section may use the boat​ 4.24 wrap as a feedstock to produce transportation fuels.​ 4.25 (b) For the purposes of this subdivision, "downstream recycler" means a recycler other​ 4.26 than the recycler to whom a collector initially sends boat wrap under a stewardship plan​ 4.27 approved under this subdivision.​ 4.28 Subd. 12. Retailer responsibilities. (a) On and after July 1, 2024, or three months after​ 4.29 stewardship plan approval, whichever is sooner, no boat wrap may be sold in or into the​ 4.30 state unless the boat wrap's producer is participating in a stewardship plan approved by the​ 4.31 commissioner under this section.​ 4.32 (b) A retailer is responsible for reviewing the list of compliant producers on the agency​ 4.33 website under subdivision 13 to determine whether a producer is compliant with this section.​ 4​Section 1.​ 23-04550 as introduced​03/10/23 REVISOR CKM/JL​ 5.1 (c) A retailer may elect to participate as a designated collection point as part of a product​ 5.2 stewardship program approved under this section and in accordance with applicable law.​ 5.3 (d) A retailer or distributor is not in violation of this subdivision if, on the date the boat​ 5.4 wrap was ordered from a producer or a distributor, the producer was listed as compliant on​ 5.5 the agency website.​ 5.6 Subd. 13. Agency responsibilities. The commissioner must maintain on the agency​ 5.7 website a list of all compliant producers and brands participating in stewardship plans that​ 5.8 the commissioner has approved and a list of all producers and brands the commissioner has​ 5.9 identified as noncompliant with this section.​ 5.10 Subd. 14. Stewardship reports. Beginning October 1, 2025, producers of boat wrap​ 5.11 sold in or into the state must individually or through a stewardship organization submit an​ 5.12 annual report to the commissioner describing the product stewardship program. At a​ 5.13 minimum, the report must contain:​ 5.14 (1) a description of the methods used to collect, transport, and process boat wrap in all​ 5.15 regions of the state;​ 5.16 (2) the weight of all boat wrap collected in all regions of the state and a comparison to​ 5.17 the performance goals and recycling rates established in the stewardship plan;​ 5.18 (3) the amount of unwanted boat wrap collected in the state by method of disposition,​ 5.19 including reuse, recycling, and other methods of processing;​ 5.20 (4) samples of educational materials provided to consumers and an evaluation of the​ 5.21 effectiveness of the materials and the methods used to disseminate the materials; and​ 5.22 (5) an independent financial audit of stewardship organization activities.​ 5.23 Subd. 15. Data classification. Trade secret and sales information, as defined under​ 5.24 section 13.37, submitted to the commissioner under this section are private or nonpublic​ 5.25 data under section 13.37.​ 5.26 EFFECTIVE DATE. This section is effective the day following final enactment.​ 5​Section 1.​ 23-04550 as introduced​03/10/23 REVISOR CKM/JL​