1.1Senator Rasmusson moved to amend
H.F. No. 3911, as amended pursuant to Rule 45,
1.2adopted by the Senate May 3, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 3887.)
1.4Page 74, delete article 5 and insert:
1.6PACKAGING WASTE AND COST REDUCTION ACT
1.7 Section 1.
NEEDS ASSESSMENT REQUIRED.
1.8 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have
1.9the meanings given.
1.10(b) "Needs assessment" means an assessment conducted according to subdivision 2.
1.11(c) "Compostable material" means a covered material that:
1.12(1) meets, and is labeled to reflect that it meets, the American Society for Testing
and
1.13Materials Standard Specification for Labeling of Plastics Designed to be Aerobically
1.14Composted in Municipal or Industrial Facilities (D6400) or its successor;
1.15(2) meets, and is labeled to reflect that it meets, the American Society for Testing
and
1.16Materials Standard Specification for Labeling of End Items that Incorporate Plastics
and
1.17Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
1.18Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor;
1.19(3) is comprised of only wood without any coatings or additives; or
1.20(4) is comprised of only paper without any coatings or additives.
1.21(d) "Covered material" means packaging and paper products introduced into the state.
1.22(e) "Covered materials type" means a singular and specific type of covered material,
1.23such as paper, plastic, metal, or glass that can be categorized based on distinguishing
chemical
1.24or physical properties, including properties that allow for a covered materials type
to be
1.25aggregated into a commonly defined discrete commodity category for purposes of reuse,
1.26recycling, or composting, and based on similar uses in the form of a product or package.
1.27(f) "Introduce" means to sell, offer for sale, distribute, or use to ship a product
within
1.28or into this state.
1.29(g) "Nondisclosure agreement" means an agreement that requires the parties to the
1.30agreement to treat private and nonpublic data submitted to facilitate completion of
a needs
2.1assessment according to the definitions and requirements established in Minnesota
Statutes,
2.2section 115A.06, subdivision 13.
2.3(h) "Service provider" means an entity that collects, transfers, sorts, processes,
recovers,
2.4or otherwise prepares covered materials for reuse, recycling, or composting. A political
2.5subdivision that provides or that contracts or otherwise arranges with another party
to provide
2.6reuse, collection, recycling, or composting services for covered materials within
its
2.7jurisdiction may be a service provider regardless of whether it provided, contracted
for, or
2.8otherwise arranged for similar services before the approval of the applicable stewardship
2.9plan.
2.10 Subd. 2. Needs assessment. (a) On or before February 15, 2025, the commissioner of
2.11the Pollution Control Agency must complete a needs assessment. The commissioner must
2.12develop a request for proposals for the needs assessment and hire an independent third
party
2.13approved by the commissioner to complete the needs assessment.
2.14(b) In conducting a needs assessment under this section, the commissioner must:
2.15(1) initiate a consultation process to obtain recommendations from stakeholders, political
2.16subdivisions, service providers, and other interested parties regarding the type and
scope
2.17of information that should be collected and analyzed in the statewide needs assessment
2.18required by this section;
2.19(2) contract with a third party who is not a producer to conduct the needs assessment;
2.20and
2.21(3) prior to finalizing the needs assessment, make the draft needs assessment available
2.22for comment by stakeholders, political subdivisions, service providers, and other
interested
2.23parties.
2.24 Subd. 3. Content of needs assessment. The needs assessment may include, but not be
2.25limited to:
2.26(1) with respect to collection service:
2.27(i) recycling access information for residential customers of the service providers
2.28including households served, type of service provided, materials accepted, frequency
of
2.29service provided where relevant;
2.30(ii) weight of material collected per time period and capacity of the current collection
2.31method; and
2.32(iii) contracted rates for services and the services covered by the rates;
3.1(2) with respect to processing:
3.2(i) the material at a processing facility providing recycling services to covered
entities
3.3and the facility's capacity for processing material;
3.4(ii) the design and capabilities of the facility;
3.5(iii) fees charged for processing; and
3.6(iv) data on contamination; and
3.7(3) with respect to additional data:
3.8(i) the market conditions and opportunities for the use of recycled covered materials
in
3.9the state and region and issues with access to markets for recycled covered materials;
3.10(ii) the availability and scope of any reuse or refill systems in the state affecting
the use
3.11of covered materials; and
3.12(iii) access to, capacity, and characteristics of facilities to process and recover
compostable
3.13materials.
3.14 Subd. 4. Participation required. (a) A service provider or other person with data or
3.15information necessary to complete a needs assessment must provide the data or information
3.16to the commissioner upon request. A service provider or other person who does not
want
3.17to be identified with information submitted to the commissioner under this subdivision
may
3.18request to proceed under a nondisclosure agreement. A nondisclosure agreement is limited
3.19to the items under Minnesota Statutes, section 115A.06, subdivision 13. Once a request
is
3.20made, the requestor, the commissioner, and all third parties participating in the
completion
3.21of the needs assessment in whatever capacity must enter into a nondisclosure agreement.
3.22Once these parties have entered into a nondisclosure agreement, the requestor must
submit
3.23the necessary data or information to the contractor selected by the commissioner according
3.24to subdivision 2, who must aggregate and anonymize the data or information, excluding
3.25location data necessary to assess needs, received from all parties proceeding under
a
3.26nondisclosure agreement under this subdivision and must then submit the aggregated
3.27anonymized information to the commissioner or to the party or parties contracted to
complete
3.28the needs assessment, including assessing each covered material's generation of hazardous
3.29waste, generation of greenhouse gases, environmental justice impacts, public health
impacts,
3.30and other impacts.
3.31(b) The commissioner, any employee of the agency, or any agent thereof, when authorized
3.32by the commissioner, may enter upon any property, public or private, for the purpose
of
3.33obtaining information necessary for completing the needs assessment.
4.1 Subd. 5. Commissioner's report. By February 15, 2025, the commissioner of the
4.2Pollution Control Agency must submit a report to the governor and to the chairs and
ranking
4.3minority members of the legislative committees with jurisdiction over solid waste.
The
4.4report must contain a summary of the needs assessment, recommendations for policy,
4.5statutory or regulatory changes, and any other information the commissioner deems
to be
4.6relevant.
4.7 Subd. 6. Rules prohibited. The Pollution Control Agency shall not adopt rules, undertake
4.8rulemaking, or implement recommendations from the needs assessment until the legislature
4.9has enacted a statute that authorizes such an undertaking."
4.10Amend the title accordingly
4.11The motion prevailed. #did not prevail. So the amendment was #not adopted.