A bill for an act
relating to environment; establishing carpet stewardship program; proposing coding
for new law in Minnesota Statutes, chapter 115A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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A carpet stewardship program is established to reduce
carpet-related waste generation by promoting the collection and recycling of discarded
carpet.
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Beginning January 1, 2022, a producer may
not sell carpet in this state unless the producer is in compliance with the requirements of
sections 115A.143 to 115A.1455.
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It is the intent of the legislature that the stewardship assessment
be an amount sufficient to generate adequate revenue to implement the stewardship plan
and to meet the recycling rate goals set forth in the plan. The commissioner must adjust the
stewardship assessment as needed to accomplish this goal. Adjustments are exempt from
the rulemaking provisions of chapter 14, and section 14.386 does not apply.
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For purposes of sections 115A.143 to 115A.1455, the following terms have the meanings
given:
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(1) "brand" means a name, symbol, word, or mark that identifies the carpet, rather than
the carpet's components, and attributes the product to the owner or licensee of the brand as
the producer;
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(2) "carpet" means a manufactured article that is primarily constructed of a top visible
surface of synthetic face fibers, yarns, or tufts attached to a backing system derived from
synthetic or natural materials and that is affixed or placed on the floor or walking surface
of a commercial or residential building as a decorative or functional building interior or
exterior feature. Carpet includes broadloom carpet, modular carpet tiles, and artificial turf.
Carpet does not include handmade rugs, area rugs, or mats;
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(3) "carpet installer" means a person who removes discarded carpet in the course of
installing carpet or replacing the discarded carpet with a different type of flooring;
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(4) "clearinghouse" means the carpet stewardship clearinghouse established under section
115A.144;
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(5) "collection site" means a site at which discarded carpet is accepted for collection and
transfer to a recycler and whose owner or operator has notified the clearinghouse that the
site accepts discarded carpet for this purpose;
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(6) "discarded carpet" means carpet that is no longer used for the carpet's manufactured
purpose;
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(7) "distributor" means a person who buys or otherwise acquires carpet from another
source and sells or offers to sell that carpet to a retailer in this state;
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(8) "producer" means a person that:
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(i) has legal ownership of the brand, brand name, or cobrand of carpet sold in the state;
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(ii) imports carpet branded by a producer that meets item (i) when the producer has no
physical presence in the United States;
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(iii) if items (i) and (ii) do not apply, makes unbranded carpet that is sold in the state;
or
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(iv) sells carpet at wholesale or retail, does not have legal ownership of the brand, and
elects to fulfill the responsibilities of the producer for the carpet by certifying that election
in writing to the commissioner;
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(9) "recycler" means a person engaged in the business of recycling;
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(10) "recycling" means the process by which discarded carpet is processed and returned
to the market in the form of raw materials or products. For purposes of quantifying the
amount of discarded carpet that is recycled, only the weight of the end product of the
recycling process is considered. Recycling does not include energy recovery, energy
generation by means of combusting discarded carpet, or disposal or use of discarded carpet
within the permitted boundaries of a municipal solid waste landfill unit;
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(11) "recycling rate" means the percentage of discarded carpet that is recycled. The
recycling rate is calculated by dividing the amount of discarded carpet that is collected and
recycled by the total amount of discarded carpet generated over a program year. To determine
the annual recycling rates required under the program, the amount of discarded carpet
generated must be calculated using a standard recognized methodology based on annual
sales, replacement rate, and the average weight of carpet and must be approved by the
commissioner;
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(12) "retailer" means any person who offers carpet for sale at retail in this state;
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(13) "sale" or "sell" means a transfer of title to carpet for consideration, including a
remote sale conducted through a sales outlet, catalog, website, or similar electronic means.
Sale or sell includes a lease through which carpet is provided to a consumer by a producer,
distributor, or retailer;
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(14) "stewardship assessment" means the following, as applicable, for each square foot
of carpet sold in this state:
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(i) four cents for polypropylene carpet, wool carpet, and carpet with a uniform face fiber
made with either nylon 6 or nylon 6,6; and
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(ii) six cents for carpet made from polyethylene terephthalate, carpet made from
polytrimethylene terephthalate, and carpet with a nonuniform face fiber, which is
manufactured with multiple polymer types, fiber types, or both, in the face of the constructed
material;
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(15) "stewardship assessment account" means an account established by the clearinghouse
in a bank chartered in Minnesota for the purposes of section 115A.1455; and
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(16) "stewardship plan" means the current plan, and any amendments, approved by the
agency under section 115A.1445, subdivision 2.
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The commissioner must incorporate a carpet stewardship
clearinghouse as a nonprofit corporation to administer the carpet stewardship program
established under section 115A.143.
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The commissioner must appoint 11 members to serve on the board
of the clearinghouse as follows:
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(1) one representative of a statewide association representing retailers;
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(2) two representatives of producers;
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(3) two representatives of recyclers;
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(4) one representative of statewide associations representing waste disposal companies;
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(5) one representative of an environmental organization;
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(6) one representative of county or municipal waste management programs;
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(7) two representatives of companies that use discarded carpet to manufacture products
other than new carpet; and
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(8) one representative of carpet installers.
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A member must serve on the board of the clearinghouse at
the pleasure of the commissioner, or until a successor is appointed. Vacancies shall be filled
by the commissioner.
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