A bill for an act
relating to solid waste; establishing Packaging Waste and Cost Reduction Act;
authorizing rulemaking; 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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Sections 115A.144 to 115A.1463 may be cited as the "Packaging Waste and Cost
Reduction Act."
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For the purposes of sections 115A.144 to 115A.1463, the terms
in this section have the meanings given.
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"Advisory board" or "board" means the Producer
Responsibility Advisory Board established under section 115A.1446.
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"Brand" means a name, symbol, word, or mark that identifies a product
and attributes the product and its components, including packaging, to the brand owner.
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"Brand owner" means a person that owns or licenses a brand or
that otherwise has rights to market a product under the brand, whether or not the brand's
trademark is registered.
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"Collection rate" means the amount of a covered material by
covered materials type collected by service providers and transported for reuse, recycling,
or composting divided by the total amount of the type of a covered material by covered
materials type sold into the state by the relevant unit of measurement established in section
115A.1451.
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"Compostable material" means a covered material
that:
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(1) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of Plastics Designed to be Aerobically
Composted in Municipal or Industrial Facilities (D6400) or its successor;
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(2) meets, and is labeled to reflect that it meets, the American Society for Testing and
Materials Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities (D6868) or its successor;
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(3) is comprised of only wood without any coatings or additives; or
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(4) is comprised of only paper without any coatings or additives.
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"Composting" means the controlled microbial degradation of
source-separated compostable materials to yield a humus-like product.
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"Composting rate" means the amount of compostable covered
material that is managed through composting, divided by the total amount of compostable
covered material sold into the state by the relevant unit of measurement established in section
115A.1451.
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"Covered material" means packaging and paper products
sold, offered for sale, or distributed in the state.
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"Covered materials type" means a singular and
specific type of covered material that can be categorized based on distinguishing chemical
or physical properties, including properties that allow for a covered materials type to be
aggregated into a commonly defined discrete commodity category for purposes of reuse,
recycling, or composting, and based on similar uses in the form of a product or package.
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"Food packaging" means products supplied to or purchased
by a consumer for the express purpose of facilitating the storage, service, or consumption
of food or beverages, including plates, wraps, cups, bowls, boxes, utensils, straws, lids,
bags, foil, hinged or lidded containers, or similar containers that are sold to a retailer or a
food establishment, regardless of whether the item is used to prepackage food or beverages
for resale, filled on site with food or beverages ordered by a customer, or resold as is.
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"Infrastructure investment" means an investment
by a producer responsibility organization that funds:
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(1) equipment or facilities in which covered materials are prepared for recycling,
composting, or reuse;
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(2) technical assistance to a producer to make changes in product design that reduce the
environmental impact of covered materials or that increase the recoverability or marketability
of covered materials for recycling, composting, or reuse; or
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(3) the expansion or strengthening of demand for and use of covered materials by
responsible markets in the state or region.
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"Living wage" means the minimum hourly wage necessary to
allow a person working 40 hours per week to afford basic needs as estimated by the
Department of Employment and Economic Development under section 116J.013.
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"Material recovery facility" means a facility that
receives, separates, and sells or otherwise distributes postconsumer materials for recycling
to responsible markets.
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"Needs assessment" means an assessment conducted
pursuant to section 115A.1450. Except where the context requires otherwise, needs
assessment means the most recently completed needs assessment.
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"Packaging" has the meaning given in section 115A.03 and
includes food packaging.
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"Paper product" means a product made primarily from wood
pulp or other cellulosic fibers, except that paper product does not include bound books or
products that recycling or composting facilities will not accept because of the unsafe or
unsanitary nature of the paper product.
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