Bill Text: MN SF466 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Children exposure to harmful product chemicals protection; priority chemicals identification criteria modification; manufacturers disclosure requirement; children's products prohibited sales
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-03-07 - Comm report: To pass as amended and re-refer to Commerce [SF466 Detail]
Download: Minnesota-2013-SF466-Engrossed.html
1.2relating to public health; protecting children from exposure to harmful chemicals
1.3in products; amending criteria for identification of priority chemicals; requiring
1.4disclosure by manufacturers of children's products that contain harmful
1.5chemicals; authorizing Pollution Control Agency to prohibit sales of children's
1.6products that contain harmful chemicals; providing waiver process; establishing
1.7fees; requiring a report;amending Minnesota Statutes 2012, sections 13.7411,
1.8subdivision 8; 116.9401; 116.9403; 116.9405; 116.9406; proposing coding for
1.9new law in Minnesota Statutes, chapter 116.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.12 Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.13Information provided by hazardous waste generators under section473.151 and for which
1.14confidentiality is claimed is governed by section116.075, subdivision 2 .
1.15(b) Tests. Trade secret information made available by applicants for certain projects
1.16of the Pollution Control Agency is classified under section116.54 .
1.17(c) Priority chemicals. Trade secret information and other information submitted
1.18to the Pollution Control Agency related to priority chemicals in children's products are
1.19classified under sections 116.9403 to 116.9417.
1.20 Sec. 2. Minnesota Statutes 2012, section 116.9401, is amended to read:
1.21116.9401 DEFINITIONS.
1.22(a) For the purposes of sections116.9401 to
116.9407
1.23have the meanings given them.
1.24(b) "Agency" means the Pollution Control Agency.
2.1(c) "Alternative" means a substitute process, product, material, chemical, strategy,
2.2or combination of these that is technically feasible and serves a functionally equivalent
2.3purpose to a chemical in a children's product.
2.4(d) "Chemical" means a substance with a distinct molecular composition or a group
2.5of structurally related substances and includes the breakdown products of the substance or
2.6substances that form through decomposition, degradation, or metabolism.
2.7(e) "Chemical of high concern" means a chemical identified on the basis of credible
2.8scientific evidence by a state, federal, or international agency as being known or suspected
2.9with a high degree of probability to:
2.10(1) harm the normal development of a fetus or child or cause other developmental
2.11toxicity;
2.12(2) cause cancer, genetic damage, or reproductive harm;
2.13(3) disrupt the endocrine or hormone system;
2.14(4) damage the nervous system, immune system, or organs, or cause other systemic
2.15toxicity;
2.16(5) be persistent, bioaccumulative, and toxic; or
2.17(6) be very persistent and very bioaccumulative.
2.18(f) "Child" means a person under 12 years of age.
2.19(g) "Children's product" means a consumer product intended for use by children,
2.20such as baby products, toys, car seats, personal care products, and clothing.
2.21(h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.22(i) "Department" means the Department of Health.
2.23(j) "Distributor" means a person who sells consumer products to retail establishments
2.24on a wholesale basis.
2.25(k) "Green chemistry" means an approach to designing and manufacturing products
2.26that minimizes the use and generation of toxic substances.
2.27(l) "Manufacturer" means any person who manufactures a final consumer product
2.28sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.29consumer product imported into the United States, manufacturer includes the importer
2.30or domestic distributor of the consumer product if the person who manufactured or
2.31assembled the consumer product or whose brand name is affixed to the consumer product
2.32does not have a presence in the United States.
2.33(m) "Priority chemical" means a chemical identified by the Department of Health as
2.34a chemical of high concern that meets the criteria in section116.9403 .
2.35(n) "Safer alternative" means:
3.1 an alternative whose potential to harm human health is less than that of the use of
3.2a priority chemical that it could replace.
3.3(1) an alternative chemical that is not a priority chemical identified by the
3.4Department of Health in section 116.9403; or
3.5(2) an alternative chemical that is not identified on the basis of credible scientific
3.6evidence by a state, federal, or international agency as being known or suspected with
3.7a high degree of probability to:
3.8(i) harm the normal development of a fetus or child or cause other developmental
3.9toxicity;
3.10(ii) cause cancer, genetic damage, or reproductive harm;
3.11(iii) disrupt the endocrine or hormone system; or
3.12(iv) damage the nervous system, immune system, or organs, or cause other systemic
3.13toxicity.
3.14(o) "Mouthable" means a product that can be placed into and kept in a child's
3.15mouth to be sucked or chewed, including any product or product part smaller than five
3.16centimeters in one dimension. A product that can only be licked is not mouthable.
3.17(p) "Practical quantification limit (PQL)" means the lowest concentration of a
3.18chemical that can be reliably measured within specified limits of precision, accuracy,
3.19representativeness, completeness, and comparability under routine laboratory operating
3.20conditions, and whose value:
3.21(1) is based on scientifically defensible, standard analytical methods;
3.22(2) may vary depending on the matrix and analytical method used; and
3.23(3) will be determined jointly by the agency and the department, taking into
3.24consideration practical quantification limits established by federal or state agencies.
3.25(q) "Product category" means the "brick" level of the GS1 Global Product
3.26Classification (GPC) standard, which identifies products that serve a common purpose, are
3.27of a similar form and material, and share the same set of category attributes.
3.28(r) "Product component" means a uniquely identifiable material or coating,
3.29including, but not limited to, an ink or dye, that is intended to be included as a part of a
3.30finished children's product.
3.31 Sec. 3. Minnesota Statutes 2012, section 116.9403, is amended to read:
3.32116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.
3.33 Subdivision 1. Designation; publication. (a) The department, after consultation
3.34with the agency, may designate a chemical of high concern as a priority chemical if the
3.35department finds that the chemical:
4.1(1) has been identified as a high-production volume chemical by the United States
4.2Environmental Protection Agency;and
4.3(2) meets any of the following criteria:
4.4(i) the chemical (2) has been found through biomonitoring to be present in human
4.5blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
4.6(ii) the chemical (3) has been found through sampling and analysis to be present in
4.7household dust, indoor air, drinking water, or elsewhere in the home environment; or
4.8(iii) the chemical (4) has been found through monitoring to be present in fish,
4.9wildlife, or the natural environment.
4.10(b) By February 1, 2011, the department shall publish a list of priority chemicals in
4.11the State Register and on the department's Internet Web site and shall update the published
4.12list whenever a new priority chemical is designated.
4.13 Subd. 2. Public data. Notwithstanding section 13.37, subdivision 2, identification
4.14of a chemical that is trade secret information as a priority chemical through designation or
4.15publication under this section is classified as public data.
4.16 Subd. 3. Not misappropriation of trade secret. Notwithstanding section 325C.01,
4.17subdivision 3, designation or publication of the identity of a priority chemical under this
4.18section is not misappropriation of a trade secret.
4.19 Sec. 4. Minnesota Statutes 2012, section 116.9405, is amended to read:
4.20116.9405 APPLICABILITY.
4.21The requirements of sections116.9401 to
116.9407
4.22(1) chemicals inused previously owned children's products;
4.23(2) priority chemicals used in the manufacturing process, but that are not present
4.24in the final product;
4.25(3) priority chemicals used in agricultural production;
4.26(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
4.2786B or their component parts, except that the use of priority chemicals in detachable
4.28car seats is not exempt;
4.29(5) priority chemicals generated solely as combustion by-products or that are present
4.30in combustible fuels;
4.31(6) retailers;
4.32(7) pharmaceutical products or biologics;
4.33(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
4.34States Code, title 21, section 321(h);
5.1(9)food and food or beverage packaging, except a container containing baby food
5.2or infant formula;
5.3(10) consumer electronics products and electronic components, including but not
5.4limited to personal computers; audio and video equipment; calculators; digital displays;
5.5wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
5.6devices used to access interactive software or their associated peripherals; or products that
5.7comply with the provisions of directive 2002/95/EC of the European Union, adopted by
5.8the European Parliament and Council of the European Union now or hereafter in effect;or
5.9(11) (10) outdoor sport equipment, including snowmobiles as defined in section
5.1084.81
, subdivision 3; all-terrain vehicles as defined in section
84.92, subdivision 8 ;
5.11personal watercraft as defined in section86B.005, subdivision 14a ; watercraft as defined
5.12in section86B.005, subdivision 18 ; and off-highway motorcycles, as defined in section
5.1384.787
, subdivision 7, and all attachments and repair parts for all of this equipment; or
5.14 (11) a children's product, the annual production of which is less than 3,000 units.
5.15 Sec. 5. Minnesota Statutes 2012, section 116.9406, is amended to read:
5.16116.9406 DONATIONS TO THE STATE.
5.17The commissioner may accept donations, grants, and other funds to carry out the
5.18purposes of sections116.9401 to
116.9407
5.19funds must be accepted without preconditions regarding the outcomes of the regulatory
5.20oversight processes set forth in sections116.9401 to
116.9407
5.21 Sec. 6. [116.9408] CHILDREN'S PRODUCTS; REPORTING INFORMATION
5.22ON PRIORITY CHEMICALS; TIMING.
5.23A manufacturer or distributor of a children's product offered for sale in this state that
5.24contains a priority chemical must, unless the children's product is not subject to regulation
5.25under section 116.9405, provide the information required under section 116.9409 to the
5.26agency. The maximum length of time between the designation of a priority chemical
5.27under section 116.9403 and the time the information required under section 116.9409
5.28must be submitted to the agency varies according to the manufacturer's or distributor's
5.29annual aggregate gross sales, both within and outside the state, as reported in their most
5.30recently filed federal tax return, as follows:
5.31(1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
5.32year, or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
5.33July 1, 2014;
6.1(2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
6.2less than or equal to $1,000,000,000, one and one-half years, or, for a priority chemical
6.3designated under section 116.9403 before July 1, 2011, by July 1, 2015;
6.4(3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but
6.5less than or equal to $250,000,000, two years, or, for a priority chemical designated under
6.6section 116.9403 before July 1, 2011, by July 1, 2015;
6.7(4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but less
6.8than or equal to $100,000,000, three years, or, for a priority chemical designated under
6.9section 116.9403 before July 1, 2011, by July 1, 2016;
6.10(5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
6.11than or equal to $5,000,000, four years, or, for a priority chemical designated under
6.12section 116.9403 before July 1, 2011, by July 1, 2017; and
6.13(6) for a manufacturer or distributor with gross sales below $100,000, five years,
6.14or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
6.15July 1, 2018.
6.16 Sec. 7. [116.9409] CHILDREN'S PRODUCTS; REPORTING INFORMATION
6.17ON PRIORITY CHEMICALS.
6.18(a) A manufacturer or distributor of a children's product offered for sale in the state
6.19that contains one or more priority chemicals must, except as provided in paragraph (d), or
6.20if the children's product is not subject to regulation under section 116.9405, provide the
6.21following information to the agency on a form developed by the commissioner:
6.22(1) the name of each priority chemical and its Chemical Abstracts Service Registry
6.23number;
6.24(2) in which of the following categories the children's product containing a priority
6.25chemical belongs:
6.26(i) Category 1: a mouthable children's product intended to be used by children three
6.27years of age or younger or a children's product intended to be placed in a child's mouth or
6.28directly applied to a child's skin;
6.29(ii) Category 2: a children's product intended to be in direct contact with a child's skin
6.30for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
6.31(iii) Category 3: a children's product intended to be in direct contact with a child's
6.32skin for less than one hour; or
6.33(iv) Category 4: a children's product in which a priority chemical is contained only
6.34in an internal component that, under normal use, is unlikely to come into direct contact
6.35with a child's skin or mouth;
7.1(3) the product components, materials, or coatings that contain one or more priority
7.2chemicals;
7.3(4) the concentration and total amount of each priority chemical contained in a
7.4children's product, a description of how the concentration was determined, and an
7.5evaluation of the accuracy of the determination. Concentrations at or above the practical
7.6quantification limit must be reported, but may be reported in the following ranges:
7.7(i) greater than or equal to the practical quantification limit but less than 100 ppm;
7.8(ii) greater than or equal to 100 ppm but less than 500 ppm;
7.9(iii) greater than or equal to 500 ppm but less than 1,000 ppm;
7.10(iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
7.11(v) greater than or equal to 5,000 ppm but less than 10,000 ppm;
7.12(vi) greater than or equal to 10,000 ppm.
7.13For the purposes of this section, "ppm" means parts per million;
7.14 (5) the product category or categories for the children's product;
7.15 (6) the name and address of the reporting manufacturer and the name, address, and
7.16phone number of the contact person for the reporting manufacturer;
7.17(7) evidence describing the extent to which a child is likely to be exposed to the
7.18priority chemical through normal use of the children's product;
7.19(8) the number of units of the children's product sold or distributed in Minnesota
7.20or nationally;
7.21(9) any assessment of the use of safer alternatives to the priority chemical contained
7.22in the children's product;
7.23(10) any other information the manufacturer deems relevant; and
7.24(11) any other information requested by the commissioner.
7.25(b) If the information required in paragraph (a) is not submitted in a timely fashion
7.26or is incomplete or otherwise unacceptable as determined by the agency, the agency may
7.27contract with an independent third party of the agency's choice to provide the information
7.28and may assess a fee on the manufacturer or distributor to pay the costs as specified
7.29under section 116.9419.
7.30(c) Following the initial submission of the information required under paragraph
7.31(a), a manufacturer or distributor of a children's product offered for sale in the state that
7.32continues to contain a priority chemical must submit the information required under
7.33paragraph (a) to the agency every two years thereafter.
7.34(d) The department shall determine on a case-by-case basis if reporting the
7.35information in paragraph (a), clauses (3) to (8), is required by a manufacturer whose
7.36children's product belongs in Category 4 under paragraph (a), clause (2).
8.1(e) If the manufacturer claims that any of the information provided to the agency
8.2under this section is trade secret information under section 325C.01, subdivision 5, the
8.3agency shall make a determination regarding the claim under that section and section
8.413.37, subdivision 1. Information determined to be public data will be posted on the
8.5agency's Web site. This paragraph does not apply to the identification of a chemical as a
8.6priority chemical, which is governed under section 116.9403, subdivisions 2 and 3.
8.7 Sec. 8. [116.9411] CHILDREN'S PRODUCTS; MANUFACTURER'S OR
8.8DISTRIBUTOR'S OPTIONS.
8.9A manufacturer or distributor of a children's product containing a priority chemical
8.10must:
8.11(1) obtain a determination from the commissioner under section 116.9413 that a
8.12child using the children's product is unlikely to be exposed to the priority chemical;
8.13(2) remove the priority chemical from the children's product;
8.14(3) discontinue offering the children's product for sale in the state; or
8.15(4) obtain a waiver from the commissioner under section 116.9417.
8.16 Sec. 9. [116.9413] CHILDREN'S PRODUCTS; EXPOSURE DETERMINATION.
8.17 Subdivision 1. Agency determination. Within 180 days following receipt of the
8.18information provided under section 116.9409, the agency shall determine whether a child
8.19is likely to be exposed to the priority chemical through normal use of the children's
8.20product. If the agency determines that exposure is likely to occur, the children's product
8.21must be prohibited from sale according to section 116.9415, unless the commissioner has
8.22approved a waiver under section 116.9417. In making the determination, the agency may
8.23request additional information regarding potential exposure to the priority chemical from
8.24the manufacturer or distributor of the children's product.
8.25 Subd. 2. Notice. Within 30 days of a determination of exposure under subdivision
8.261, the agency shall provide written notice of the determination to the manufacturer or
8.27distributor of the children's product containing a priority chemical.
8.28 Subd. 3. Inadequate response; contract option. If the additional information
8.29requested under subdivision 1 is not submitted by the manufacturer or distributor to the
8.30agency in a timely fashion or is incomplete or otherwise unacceptable, as determined by
8.31the agency, the agency may contract with an independent third party of the agency's choice
8.32to provide the information and may assess a fee on the manufacturer or distributor to pay
8.33the costs of providing the information, as specified in section 116.9419. If the priority
8.34chemical in question is claimed as a trade secret under section 325C.01, subdivision 5, any
9.1contract between the agency and a third party for information required under this section
9.2must stipulate that the trade secret status of the information be maintained.
9.3 Sec. 10. [116.9415] CHILDREN'S PRODUCTS; SALE PROHIBITION.
9.4 Subdivision 1. Notice of intention. Within 30 days of receiving the agency's
9.5notice of determination of exposure issued under section 116.9413, a manufacturer or
9.6distributor intending to seek a safer alternative to replace a priority chemical in a children's
9.7product must provide written notice of that fact to the commissioner. The notice must
9.8include an estimated timeline and outline of the stages of the safer alternative research
9.9and development process. The manufacturer or distributor must file a written report to
9.10the agency every three months, documenting activities in researching and developing a
9.11safer alternative. Material filed by a manufacturer or distributor under this subdivision is
9.12nonpublic data as defined in section 13.02, subdivision 9.
9.13 Subd. 2. Agency determination. (a) No later than 90 days after making a
9.14determination that a user of a children's product is likely to be exposed to a priority chemical
9.15through normal use of the children's product, the commissioner shall, after considering the
9.16information provided by the manufacturer or distributor under subdivision 1, if applicable,
9.17specify a date, no less than 18 months after, but not exceeding four years after, issuing a
9.18notice of prohibition of sale under subdivision 3, after which the children's product may
9.19no longer be sold or offered for sale in the state if it contains a priority chemical.
9.20(b) The commissioner may, based on the reports filed under subdivision 1, advance or
9.21set back the initial effective date of prohibition of sale, but may not extend it beyond four
9.22years after the date of issuing the initial notice of prohibition of sale under subdivision 3.
9.23(c) The commissioner may prohibit the sale in the state of a children's product
9.24containing a priority chemical if the manufacturer or distributor fails to provide the
9.25information required under section 116.9409 in a timely fashion or if the information is
9.26incomplete or otherwise unacceptable, as determined by the agency.
9.27 Subd. 3. Notice of prohibition of sale. Within 30 days of a determination under
9.28subdivision 2, the agency shall provide written notice to the manufacturer or distributor of
9.29the children's product containing a priority chemical of the agency's decision to prohibit
9.30offering the children's product for sale in the state and the effective date of the prohibition.
9.31 Subd. 4. Compliance plan. (a) No later than 180 days prior to the effective date of a
9.32prohibition established under subdivision 2, the manufacturer or distributor of a children's
9.33product that contains a priority chemical that is subject to a prohibition of sale under this
9.34section shall file a compliance plan with the commissioner. A compliance plan must:
9.35(1) identify the children's product that contains the priority chemical;
10.1(2) specify whether compliance will be achieved by discontinuing the sale of the
10.2children's product in the state or by removing the priority chemical from the children's
10.3product; and
10.4(3) if compliance is achieved through substitution of a safer alternative for the
10.5priority chemical:
10.6(i) identify the safer alternative;
10.7(ii) evaluate the likelihood of a child using the children's product to be exposed to
10.8the safer alternative through normal use; and
10.9(iii) evaluate the potential harm to the health of a child exposed to the safer
10.10alternative; and
10.11(4) contain a certificate of compliance certifying that after the effective date of the
10.12prohibition of sale, the manufacturer or distributor will not offer the product containing
10.13the priority chemical for sale in the state.
10.14(b) The agency must approve, reject, or modify a compliance plan and provide
10.15written notice of the agency's decision to the manufacturer or distributor within 120 days
10.16after the compliance plan is filed.
10.17 Subd. 5. Retailer notification. A manufacturer or distributor of a children's product
10.18issued a notice of prohibition of sale under subdivision 3 shall notify, in writing, persons
10.19that offer the product for sale or distribution in the state of the requirements of sections
10.20116.9401 to 116.9423, and the effective date of the prohibition of sale. Notice under this
10.21subdivision must be issued within 30 days of the agency's approval of the manufacturer's
10.22or distributor's compliance plan, unless the manufacturer or distributor has applied for and
10.23been denied a waiver under section 116.9417, in which case the notice must be issued
10.24within 30 days of denial of a waiver by the commissioner.
10.25 Subd. 6. Sale of inventory. A retailer selling a children's product containing a
10.26priority chemical that is the subject of a prohibition of sale issued under this section may
10.27not offer the children's product for sale in the state after the effective date of the prohibition,
10.28except that a retailer may exhaust stocks present on the retailer's premises 90 days prior to
10.29the effective date of the prohibition, after providing evidence of that fact to the agency.
10.30 Subd. 7. Criminal penalty. A knowing violation of this section that involves a
10.31prohibited sale of a children's product is a misdemeanor.
10.32 Sec. 11. [116.9417] CHILDREN'S PRODUCTS; WAIVER FROM SALE
10.33PROHIBITION.
10.34 Subdivision 1. Waiver application. No later than one year prior to the date of
10.35prohibition of sale established under section 116.9415, a manufacturer or distributor of a
11.1children's product that is subject to the prohibition may file an application for a waiver
11.2from the prohibition with the commissioner. The waiver application must:
11.3(1) identify the specific children's product and the function of the priority chemical
11.4for which the waiver is sought;
11.5(2) identify alternatives considered as substitutions for the priority chemical;
11.6(3) contain evidence supporting the conclusion that the use of a safer alternative is
11.7not technically or economically feasible;
11.8(4) identify steps that have been and will be taken to minimize the use of the priority
11.9chemical in the children's product, if any; and
11.10(5) contain evidence demonstrating that the lack of availability of the children's
11.11product containing the priority chemical may pose an unreasonable risk to public health,
11.12safety, or welfare.
11.13 Subd. 2. Waiver determination. (a) The commissioner may grant a waiver with or
11.14without conditions upon determining that:
11.15(1) there is no technically or economically feasible safer alternative for the use of the
11.16priority chemical in the children's product; and
11.17(2) the lack of availability of the children's product containing the priority chemical
11.18may pose an unreasonable risk to public health, safety, or welfare.
11.19(b) The commissioner shall grant or deny a waiver request within 90 days of
11.20receiving a completed waiver application.
11.21(c) In making a determination under this section, the commissioner may contract
11.22with an independent third party of the agency's choice to provide additional information
11.23and may assess a fee on the manufacturer or distributor to pay the costs of providing the
11.24information, as specified in section 116.9419. If a priority chemical that is the subject of a
11.25waiver application is claimed as a trade secret under section 325C.01, subdivision 5, any
11.26contract between the commissioner and a third party for information required under this
11.27section must stipulate that the trade secret status of the information be maintained.
11.28 Subd. 3. Notice of waiver determination. Within 30 days of a determination under
11.29subdivision 2, the agency shall provide written notice of the decision to the manufacturer
11.30or distributor of the children's product containing the priority chemical.
11.31 Subd. 4. Term of waiver. A waiver may be granted for a term not to exceed two
11.32years. A waiver may be renewed for one additional two-year term upon approval by the
11.33commissioner, following the commissioner's receipt of a written application from the
11.34manufacturer or distributor containing the information required under subdivision 1.
11.35 Subd. 5. Waiver application not public information. A waiver application
11.36is nonpublic data, as defined in section 13.02, subdivision 9. The fact that a waiver
12.1application has been filed with the agency is public data that may be accessed according to
12.2section 13.03.
12.3 Sec. 12. [116.9419] FEES.
12.4(a) The agency shall, if applicable, collect the following fees from manufacturers
12.5and distributors of children's products offered for sale in the state:
12.6(1) a fee of $....... for each report filed under section 116.9409;
12.7(2) a fee equal to the costs billed by the independent contractor plus the agency's
12.8actual incurred costs to bid and administer the contract for each contract issued under
12.9section 116.9409, paragraph (b), 116.9413, subdivision 3, or 116.9417, subdivision 2;
12.10(3) a fee of $....... for each compliance plan filed under section 116.9415; and
12.11(4) a fee of $....... for each waiver application filed under section 116.9417,
12.12subdivision 1.
12.13(b) The commissioner shall deposit all fees collected under this section in the
12.14environmental fund. All fees collected under this section are exempt from section
12.1516A.1285.
12.16 Sec. 13. [116.9423] ENFORCEMENT.
12.17The agency shall enforce sections 116.9401 to 116.9419 in the manner provided by
12.18section 115.071, subdivisions 1, 3, 4, 5, and 6. Section 115.071, subdivision 2, does not
12.19apply to violations of sections 116.9401 to 116.9419.
12.20 Sec. 14. REPORT.
12.21By January 15, 2015, the commissioner of the Pollution Control Agency shall
12.22report to the legislative committees with jurisdiction over environment and natural
12.23resources, commerce, and public health regarding the agency's plans for implementing the
12.24requirements of sections 116.9401 to 116.9419.
12.25 Sec. 15. EFFECTIVE DATE.
12.26Sections 1 to 14 are effective the day following final enactment.
1.3in products; amending criteria for identification of priority chemicals; requiring
1.4disclosure by manufacturers of children's products that contain harmful
1.5chemicals; authorizing Pollution Control Agency to prohibit sales of children's
1.6products that contain harmful chemicals; providing waiver process; establishing
1.7fees; requiring a report;amending Minnesota Statutes 2012, sections 13.7411,
1.8subdivision 8; 116.9401; 116.9403; 116.9405; 116.9406; proposing coding for
1.9new law in Minnesota Statutes, chapter 116.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 13.7411, subdivision 8, is amended to read:
1.12 Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.13Information provided by hazardous waste generators under section
1.14confidentiality is claimed is governed by section
1.15(b) Tests. Trade secret information made available by applicants for certain projects
1.16of the Pollution Control Agency is classified under section
1.17(c) Priority chemicals. Trade secret information and other information submitted
1.18to the Pollution Control Agency related to priority chemicals in children's products are
1.19classified under sections 116.9403 to 116.9417.
1.20 Sec. 2. Minnesota Statutes 2012, section 116.9401, is amended to read:
1.21116.9401 DEFINITIONS.
1.22(a) For the purposes of sections
1.23have the meanings given them.
1.24(b) "Agency" means the Pollution Control Agency.
2.1(c) "Alternative" means a substitute process, product, material, chemical, strategy,
2.2or combination of these that is technically feasible and serves a functionally equivalent
2.3purpose to a chemical in a children's product.
2.4(d) "Chemical" means a substance with a distinct molecular composition or a group
2.5of structurally related substances and includes the breakdown products of the substance or
2.6substances that form through decomposition, degradation, or metabolism.
2.7(e) "Chemical of high concern" means a chemical identified on the basis of credible
2.8scientific evidence by a state, federal, or international agency as being known or suspected
2.9with a high degree of probability to:
2.10(1) harm the normal development of a fetus or child or cause other developmental
2.11toxicity;
2.12(2) cause cancer, genetic damage, or reproductive harm;
2.13(3) disrupt the endocrine or hormone system;
2.14(4) damage the nervous system, immune system, or organs, or cause other systemic
2.15toxicity;
2.16(5) be persistent, bioaccumulative, and toxic; or
2.17(6) be very persistent and very bioaccumulative.
2.18(f) "Child" means a person under 12 years of age.
2.19(g) "Children's product" means a consumer product intended for use by children,
2.20such as baby products, toys, car seats, personal care products, and clothing.
2.21(h) "Commissioner" means the commissioner of the Pollution Control Agency.
2.22(i) "Department" means the Department of Health.
2.23(j) "Distributor" means a person who sells consumer products to retail establishments
2.24on a wholesale basis.
2.25(k) "Green chemistry" means an approach to designing and manufacturing products
2.26that minimizes the use and generation of toxic substances.
2.27(l) "Manufacturer" means any person who manufactures a final consumer product
2.28sold at retail or whose brand name is affixed to the consumer product. In the case of a
2.29consumer product imported into the United States, manufacturer includes the importer
2.30or domestic distributor of the consumer product if the person who manufactured or
2.31assembled the consumer product or whose brand name is affixed to the consumer product
2.32does not have a presence in the United States.
2.33(m) "Priority chemical" means a chemical identified by the Department of Health as
2.34a chemical of high concern that meets the criteria in section
2.35(n) "Safer alternative" means:
3.1
3.2
3.3(1) an alternative chemical that is not a priority chemical identified by the
3.4Department of Health in section 116.9403; or
3.5(2) an alternative chemical that is not identified on the basis of credible scientific
3.6evidence by a state, federal, or international agency as being known or suspected with
3.7a high degree of probability to:
3.8(i) harm the normal development of a fetus or child or cause other developmental
3.9toxicity;
3.10(ii) cause cancer, genetic damage, or reproductive harm;
3.11(iii) disrupt the endocrine or hormone system; or
3.12(iv) damage the nervous system, immune system, or organs, or cause other systemic
3.13toxicity.
3.14(o) "Mouthable" means a product that can be placed into and kept in a child's
3.15mouth to be sucked or chewed, including any product or product part smaller than five
3.16centimeters in one dimension. A product that can only be licked is not mouthable.
3.17(p) "Practical quantification limit (PQL)" means the lowest concentration of a
3.18chemical that can be reliably measured within specified limits of precision, accuracy,
3.19representativeness, completeness, and comparability under routine laboratory operating
3.20conditions, and whose value:
3.21(1) is based on scientifically defensible, standard analytical methods;
3.22(2) may vary depending on the matrix and analytical method used; and
3.23(3) will be determined jointly by the agency and the department, taking into
3.24consideration practical quantification limits established by federal or state agencies.
3.25(q) "Product category" means the "brick" level of the GS1 Global Product
3.26Classification (GPC) standard, which identifies products that serve a common purpose, are
3.27of a similar form and material, and share the same set of category attributes.
3.28(r) "Product component" means a uniquely identifiable material or coating,
3.29including, but not limited to, an ink or dye, that is intended to be included as a part of a
3.30finished children's product.
3.31 Sec. 3. Minnesota Statutes 2012, section 116.9403, is amended to read:
3.32116.9403 IDENTIFICATION OF PRIORITY CHEMICALS.
3.33 Subdivision 1. Designation; publication. (a) The department, after consultation
3.34with the agency, may designate a chemical of high concern as a priority chemical if the
3.35department finds that the chemical:
4.1(1) has been identified as a high-production volume chemical by the United States
4.2Environmental Protection Agency;
4.3
4.4
4.5blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;
4.6
4.7household dust, indoor air, drinking water, or elsewhere in the home environment; or
4.8
4.9wildlife, or the natural environment.
4.10(b) By February 1, 2011, the department shall publish a list of priority chemicals in
4.11the State Register and on the department's Internet Web site and shall update the published
4.12list whenever a new priority chemical is designated.
4.13 Subd. 2. Public data. Notwithstanding section 13.37, subdivision 2, identification
4.14of a chemical that is trade secret information as a priority chemical through designation or
4.15publication under this section is classified as public data.
4.16 Subd. 3. Not misappropriation of trade secret. Notwithstanding section 325C.01,
4.17subdivision 3, designation or publication of the identity of a priority chemical under this
4.18section is not misappropriation of a trade secret.
4.19 Sec. 4. Minnesota Statutes 2012, section 116.9405, is amended to read:
4.20116.9405 APPLICABILITY.
4.21The requirements of sections
4.22(1) chemicals in
4.23(2) priority chemicals used in the manufacturing process, but that are not present
4.24in the final product;
4.25(3) priority chemicals used in agricultural production;
4.26(4) motor vehicles as defined in chapter 168 or watercraft as defined in chapter
4.2786B or their component parts, except that the use of priority chemicals in detachable
4.28car seats is not exempt;
4.29(5) priority chemicals generated solely as combustion by-products or that are present
4.30in combustible fuels;
4.31(6) retailers;
4.32(7) pharmaceutical products or biologics;
4.33(8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United
4.34States Code, title 21, section 321(h);
5.1(9)
5.2
5.3
5.4limited to personal computers; audio and video equipment; calculators; digital displays;
5.5wireless phones; cameras; game consoles; printers; and handheld electronic and electrical
5.6devices used to access interactive software or their associated peripherals; or products that
5.7comply with the provisions of directive 2002/95/EC of the European Union, adopted by
5.8the European Parliament and Council of the European Union now or hereafter in effect;
5.9
5.11personal watercraft as defined in section
5.12in section
5.14 (11) a children's product, the annual production of which is less than 3,000 units.
5.15 Sec. 5. Minnesota Statutes 2012, section 116.9406, is amended to read:
5.16116.9406 DONATIONS TO THE STATE.
5.17The commissioner may accept donations, grants, and other funds to carry out the
5.18purposes of sections
5.19funds must be accepted without preconditions regarding the outcomes of the regulatory
5.20oversight processes set forth in sections
5.21 Sec. 6. [116.9408] CHILDREN'S PRODUCTS; REPORTING INFORMATION
5.22ON PRIORITY CHEMICALS; TIMING.
5.23A manufacturer or distributor of a children's product offered for sale in this state that
5.24contains a priority chemical must, unless the children's product is not subject to regulation
5.25under section 116.9405, provide the information required under section 116.9409 to the
5.26agency. The maximum length of time between the designation of a priority chemical
5.27under section 116.9403 and the time the information required under section 116.9409
5.28must be submitted to the agency varies according to the manufacturer's or distributor's
5.29annual aggregate gross sales, both within and outside the state, as reported in their most
5.30recently filed federal tax return, as follows:
5.31(1) for a manufacturer or distributor with gross sales exceeding $1,000,000,000, one
5.32year, or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
5.33July 1, 2014;
6.1(2) for a manufacturer or distributor with gross sales exceeding $250,000,000 but
6.2less than or equal to $1,000,000,000, one and one-half years, or, for a priority chemical
6.3designated under section 116.9403 before July 1, 2011, by July 1, 2015;
6.4(3) for a manufacturer or distributor with gross sales exceeding $100,000,000 but
6.5less than or equal to $250,000,000, two years, or, for a priority chemical designated under
6.6section 116.9403 before July 1, 2011, by July 1, 2015;
6.7(4) for a manufacturer or distributor with gross sales exceeding $5,000,000 but less
6.8than or equal to $100,000,000, three years, or, for a priority chemical designated under
6.9section 116.9403 before July 1, 2011, by July 1, 2016;
6.10(5) for a manufacturer or distributor with gross sales exceeding $100,000 but less
6.11than or equal to $5,000,000, four years, or, for a priority chemical designated under
6.12section 116.9403 before July 1, 2011, by July 1, 2017; and
6.13(6) for a manufacturer or distributor with gross sales below $100,000, five years,
6.14or, for a priority chemical designated under section 116.9403 before July 1, 2011, by
6.15July 1, 2018.
6.16 Sec. 7. [116.9409] CHILDREN'S PRODUCTS; REPORTING INFORMATION
6.17ON PRIORITY CHEMICALS.
6.18(a) A manufacturer or distributor of a children's product offered for sale in the state
6.19that contains one or more priority chemicals must, except as provided in paragraph (d), or
6.20if the children's product is not subject to regulation under section 116.9405, provide the
6.21following information to the agency on a form developed by the commissioner:
6.22(1) the name of each priority chemical and its Chemical Abstracts Service Registry
6.23number;
6.24(2) in which of the following categories the children's product containing a priority
6.25chemical belongs:
6.26(i) Category 1: a mouthable children's product intended to be used by children three
6.27years of age or younger or a children's product intended to be placed in a child's mouth or
6.28directly applied to a child's skin;
6.29(ii) Category 2: a children's product intended to be in direct contact with a child's skin
6.30for one hour or longer, including but not limited to clothing, jewelry, bedding, or a car seat;
6.31(iii) Category 3: a children's product intended to be in direct contact with a child's
6.32skin for less than one hour; or
6.33(iv) Category 4: a children's product in which a priority chemical is contained only
6.34in an internal component that, under normal use, is unlikely to come into direct contact
6.35with a child's skin or mouth;
7.1(3) the product components, materials, or coatings that contain one or more priority
7.2chemicals;
7.3(4) the concentration and total amount of each priority chemical contained in a
7.4children's product, a description of how the concentration was determined, and an
7.5evaluation of the accuracy of the determination. Concentrations at or above the practical
7.6quantification limit must be reported, but may be reported in the following ranges:
7.7(i) greater than or equal to the practical quantification limit but less than 100 ppm;
7.8(ii) greater than or equal to 100 ppm but less than 500 ppm;
7.9(iii) greater than or equal to 500 ppm but less than 1,000 ppm;
7.10(iv) greater than or equal to 1,000 ppm but less than 5,000 ppm;
7.11(v) greater than or equal to 5,000 ppm but less than 10,000 ppm;
7.12(vi) greater than or equal to 10,000 ppm.
7.13For the purposes of this section, "ppm" means parts per million;
7.14 (5) the product category or categories for the children's product;
7.15 (6) the name and address of the reporting manufacturer and the name, address, and
7.16phone number of the contact person for the reporting manufacturer;
7.17(7) evidence describing the extent to which a child is likely to be exposed to the
7.18priority chemical through normal use of the children's product;
7.19(8) the number of units of the children's product sold or distributed in Minnesota
7.20or nationally;
7.21(9) any assessment of the use of safer alternatives to the priority chemical contained
7.22in the children's product;
7.23(10) any other information the manufacturer deems relevant; and
7.24(11) any other information requested by the commissioner.
7.25(b) If the information required in paragraph (a) is not submitted in a timely fashion
7.26or is incomplete or otherwise unacceptable as determined by the agency, the agency may
7.27contract with an independent third party of the agency's choice to provide the information
7.28and may assess a fee on the manufacturer or distributor to pay the costs as specified
7.29under section 116.9419.
7.30(c) Following the initial submission of the information required under paragraph
7.31(a), a manufacturer or distributor of a children's product offered for sale in the state that
7.32continues to contain a priority chemical must submit the information required under
7.33paragraph (a) to the agency every two years thereafter.
7.34(d) The department shall determine on a case-by-case basis if reporting the
7.35information in paragraph (a), clauses (3) to (8), is required by a manufacturer whose
7.36children's product belongs in Category 4 under paragraph (a), clause (2).
8.1(e) If the manufacturer claims that any of the information provided to the agency
8.2under this section is trade secret information under section 325C.01, subdivision 5, the
8.3agency shall make a determination regarding the claim under that section and section
8.413.37, subdivision 1. Information determined to be public data will be posted on the
8.5agency's Web site. This paragraph does not apply to the identification of a chemical as a
8.6priority chemical, which is governed under section 116.9403, subdivisions 2 and 3.
8.7 Sec. 8. [116.9411] CHILDREN'S PRODUCTS; MANUFACTURER'S OR
8.8DISTRIBUTOR'S OPTIONS.
8.9A manufacturer or distributor of a children's product containing a priority chemical
8.10must:
8.11(1) obtain a determination from the commissioner under section 116.9413 that a
8.12child using the children's product is unlikely to be exposed to the priority chemical;
8.13(2) remove the priority chemical from the children's product;
8.14(3) discontinue offering the children's product for sale in the state; or
8.15(4) obtain a waiver from the commissioner under section 116.9417.
8.16 Sec. 9. [116.9413] CHILDREN'S PRODUCTS; EXPOSURE DETERMINATION.
8.17 Subdivision 1. Agency determination. Within 180 days following receipt of the
8.18information provided under section 116.9409, the agency shall determine whether a child
8.19is likely to be exposed to the priority chemical through normal use of the children's
8.20product. If the agency determines that exposure is likely to occur, the children's product
8.21must be prohibited from sale according to section 116.9415, unless the commissioner has
8.22approved a waiver under section 116.9417. In making the determination, the agency may
8.23request additional information regarding potential exposure to the priority chemical from
8.24the manufacturer or distributor of the children's product.
8.25 Subd. 2. Notice. Within 30 days of a determination of exposure under subdivision
8.261, the agency shall provide written notice of the determination to the manufacturer or
8.27distributor of the children's product containing a priority chemical.
8.28 Subd. 3. Inadequate response; contract option. If the additional information
8.29requested under subdivision 1 is not submitted by the manufacturer or distributor to the
8.30agency in a timely fashion or is incomplete or otherwise unacceptable, as determined by
8.31the agency, the agency may contract with an independent third party of the agency's choice
8.32to provide the information and may assess a fee on the manufacturer or distributor to pay
8.33the costs of providing the information, as specified in section 116.9419. If the priority
8.34chemical in question is claimed as a trade secret under section 325C.01, subdivision 5, any
9.1contract between the agency and a third party for information required under this section
9.2must stipulate that the trade secret status of the information be maintained.
9.3 Sec. 10. [116.9415] CHILDREN'S PRODUCTS; SALE PROHIBITION.
9.4 Subdivision 1. Notice of intention. Within 30 days of receiving the agency's
9.5notice of determination of exposure issued under section 116.9413, a manufacturer or
9.6distributor intending to seek a safer alternative to replace a priority chemical in a children's
9.7product must provide written notice of that fact to the commissioner. The notice must
9.8include an estimated timeline and outline of the stages of the safer alternative research
9.9and development process. The manufacturer or distributor must file a written report to
9.10the agency every three months, documenting activities in researching and developing a
9.11safer alternative. Material filed by a manufacturer or distributor under this subdivision is
9.12nonpublic data as defined in section 13.02, subdivision 9.
9.13 Subd. 2. Agency determination. (a) No later than 90 days after making a
9.14determination that a user of a children's product is likely to be exposed to a priority chemical
9.15through normal use of the children's product, the commissioner shall, after considering the
9.16information provided by the manufacturer or distributor under subdivision 1, if applicable,
9.17specify a date, no less than 18 months after, but not exceeding four years after, issuing a
9.18notice of prohibition of sale under subdivision 3, after which the children's product may
9.19no longer be sold or offered for sale in the state if it contains a priority chemical.
9.20(b) The commissioner may, based on the reports filed under subdivision 1, advance or
9.21set back the initial effective date of prohibition of sale, but may not extend it beyond four
9.22years after the date of issuing the initial notice of prohibition of sale under subdivision 3.
9.23(c) The commissioner may prohibit the sale in the state of a children's product
9.24containing a priority chemical if the manufacturer or distributor fails to provide the
9.25information required under section 116.9409 in a timely fashion or if the information is
9.26incomplete or otherwise unacceptable, as determined by the agency.
9.27 Subd. 3. Notice of prohibition of sale. Within 30 days of a determination under
9.28subdivision 2, the agency shall provide written notice to the manufacturer or distributor of
9.29the children's product containing a priority chemical of the agency's decision to prohibit
9.30offering the children's product for sale in the state and the effective date of the prohibition.
9.31 Subd. 4. Compliance plan. (a) No later than 180 days prior to the effective date of a
9.32prohibition established under subdivision 2, the manufacturer or distributor of a children's
9.33product that contains a priority chemical that is subject to a prohibition of sale under this
9.34section shall file a compliance plan with the commissioner. A compliance plan must:
9.35(1) identify the children's product that contains the priority chemical;
10.1(2) specify whether compliance will be achieved by discontinuing the sale of the
10.2children's product in the state or by removing the priority chemical from the children's
10.3product; and
10.4(3) if compliance is achieved through substitution of a safer alternative for the
10.5priority chemical:
10.6(i) identify the safer alternative;
10.7(ii) evaluate the likelihood of a child using the children's product to be exposed to
10.8the safer alternative through normal use; and
10.9(iii) evaluate the potential harm to the health of a child exposed to the safer
10.10alternative; and
10.11(4) contain a certificate of compliance certifying that after the effective date of the
10.12prohibition of sale, the manufacturer or distributor will not offer the product containing
10.13the priority chemical for sale in the state.
10.14(b) The agency must approve, reject, or modify a compliance plan and provide
10.15written notice of the agency's decision to the manufacturer or distributor within 120 days
10.16after the compliance plan is filed.
10.17 Subd. 5. Retailer notification. A manufacturer or distributor of a children's product
10.18issued a notice of prohibition of sale under subdivision 3 shall notify, in writing, persons
10.19that offer the product for sale or distribution in the state of the requirements of sections
10.20116.9401 to 116.9423, and the effective date of the prohibition of sale. Notice under this
10.21subdivision must be issued within 30 days of the agency's approval of the manufacturer's
10.22or distributor's compliance plan, unless the manufacturer or distributor has applied for and
10.23been denied a waiver under section 116.9417, in which case the notice must be issued
10.24within 30 days of denial of a waiver by the commissioner.
10.25 Subd. 6. Sale of inventory. A retailer selling a children's product containing a
10.26priority chemical that is the subject of a prohibition of sale issued under this section may
10.27not offer the children's product for sale in the state after the effective date of the prohibition,
10.28except that a retailer may exhaust stocks present on the retailer's premises 90 days prior to
10.29the effective date of the prohibition, after providing evidence of that fact to the agency.
10.30 Subd. 7. Criminal penalty. A knowing violation of this section that involves a
10.31prohibited sale of a children's product is a misdemeanor.
10.32 Sec. 11. [116.9417] CHILDREN'S PRODUCTS; WAIVER FROM SALE
10.33PROHIBITION.
10.34 Subdivision 1. Waiver application. No later than one year prior to the date of
10.35prohibition of sale established under section 116.9415, a manufacturer or distributor of a
11.1children's product that is subject to the prohibition may file an application for a waiver
11.2from the prohibition with the commissioner. The waiver application must:
11.3(1) identify the specific children's product and the function of the priority chemical
11.4for which the waiver is sought;
11.5(2) identify alternatives considered as substitutions for the priority chemical;
11.6(3) contain evidence supporting the conclusion that the use of a safer alternative is
11.7not technically or economically feasible;
11.8(4) identify steps that have been and will be taken to minimize the use of the priority
11.9chemical in the children's product, if any; and
11.10(5) contain evidence demonstrating that the lack of availability of the children's
11.11product containing the priority chemical may pose an unreasonable risk to public health,
11.12safety, or welfare.
11.13 Subd. 2. Waiver determination. (a) The commissioner may grant a waiver with or
11.14without conditions upon determining that:
11.15(1) there is no technically or economically feasible safer alternative for the use of the
11.16priority chemical in the children's product; and
11.17(2) the lack of availability of the children's product containing the priority chemical
11.18may pose an unreasonable risk to public health, safety, or welfare.
11.19(b) The commissioner shall grant or deny a waiver request within 90 days of
11.20receiving a completed waiver application.
11.21(c) In making a determination under this section, the commissioner may contract
11.22with an independent third party of the agency's choice to provide additional information
11.23and may assess a fee on the manufacturer or distributor to pay the costs of providing the
11.24information, as specified in section 116.9419. If a priority chemical that is the subject of a
11.25waiver application is claimed as a trade secret under section 325C.01, subdivision 5, any
11.26contract between the commissioner and a third party for information required under this
11.27section must stipulate that the trade secret status of the information be maintained.
11.28 Subd. 3. Notice of waiver determination. Within 30 days of a determination under
11.29subdivision 2, the agency shall provide written notice of the decision to the manufacturer
11.30or distributor of the children's product containing the priority chemical.
11.31 Subd. 4. Term of waiver. A waiver may be granted for a term not to exceed two
11.32years. A waiver may be renewed for one additional two-year term upon approval by the
11.33commissioner, following the commissioner's receipt of a written application from the
11.34manufacturer or distributor containing the information required under subdivision 1.
11.35 Subd. 5. Waiver application not public information. A waiver application
11.36is nonpublic data, as defined in section 13.02, subdivision 9. The fact that a waiver
12.1application has been filed with the agency is public data that may be accessed according to
12.2section 13.03.
12.3 Sec. 12. [116.9419] FEES.
12.4(a) The agency shall, if applicable, collect the following fees from manufacturers
12.5and distributors of children's products offered for sale in the state:
12.6(1) a fee of $....... for each report filed under section 116.9409;
12.7(2) a fee equal to the costs billed by the independent contractor plus the agency's
12.8actual incurred costs to bid and administer the contract for each contract issued under
12.9section 116.9409, paragraph (b), 116.9413, subdivision 3, or 116.9417, subdivision 2;
12.10(3) a fee of $....... for each compliance plan filed under section 116.9415; and
12.11(4) a fee of $....... for each waiver application filed under section 116.9417,
12.12subdivision 1.
12.13(b) The commissioner shall deposit all fees collected under this section in the
12.14environmental fund. All fees collected under this section are exempt from section
12.1516A.1285.
12.16 Sec. 13. [116.9423] ENFORCEMENT.
12.17The agency shall enforce sections 116.9401 to 116.9419 in the manner provided by
12.18section 115.071, subdivisions 1, 3, 4, 5, and 6. Section 115.071, subdivision 2, does not
12.19apply to violations of sections 116.9401 to 116.9419.
12.20 Sec. 14. REPORT.
12.21By January 15, 2015, the commissioner of the Pollution Control Agency shall
12.22report to the legislative committees with jurisdiction over environment and natural
12.23resources, commerce, and public health regarding the agency's plans for implementing the
12.24requirements of sections 116.9401 to 116.9419.
12.25 Sec. 15. EFFECTIVE DATE.
12.26Sections 1 to 14 are effective the day following final enactment.
