.................... moves to amend H.F. No. 403, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 115A.931, is amended to read:
1.4115A.931 YARD WASTE PROHIBITION.
(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
(1) in mixed municipal solid waste;
(2) in a disposal facility; or
(3) in a resource recovery facility except for the purposes of reuse, composting, or
115A.03, subd 38
1.13(c) After January 1, 2010, a person may not place yard waste or source-separated
1.14compostable materials generated in a metropolitan county in a plastic bag delivered to a
1.15transfer station or yard waste compost facility unless the bag is certified by an independent
1.16and knowledgeable third-party, such as the Biodegradable Products Institute, as meeting
1.17all the specifications in ASTM Standard Specification for Compostable Plastics (D6400)
1.18based on standardized test procedures conducted by independent laboratories.
1.19(d) A person who immediately empties a plastic bag containing yard waste or
1.20source-separated compostable materials delivered to a transfer station or yard waste
1.21compost facility and removes the plastic bag from the transfer station or yard waste
1.22compost facility is exempt from paragraph (c).
1.23(e) A city of the first class with an organized collection system for collecting solid
1.24waste is exempt from paragraph (c) until January 1, 2012.
1.25For purposes of this paragraph, "metropolitan county" has the meaning given in
1.26section 473.121, subdivision 4, and "ASTM" has the meaning given in section 296A.01,
Sec. 2. [325E.046] STANDARDS FOR LABELING PLASTIC BAGS.
2.2 Subdivision 1. "Biodegradable" label. A person may not offer for sale in this state
2.3a plastic bag labeled "biodegradable," "degradable," or any form of those terms, or in any
2.4way imply that the bag will chemically decompose into innocuous elements in a reasonably
2.5short period of time in a landfill, composting, or other terrestrial environment unless an
2.6internationally-recognized scientifically based standard for biodegradability is developed,
2.7and the bags are certified as meeting the standard by an independent and knowledgeable
2.8third-party, based on standardized test procedures conducted by independent laboratories.
2.9 Subd. 2. "Compostable" label. A person may not offer for sale in this state a
2.10plastic bag labeled "compostable" unless, at the time of sale, the bag is certified, by an
2.11independent and knowledgeable third-party, such as the Biodegradable Products Institute,
2.12as meeting the ASTM Standard Specification for Compostable Plastics (D6400) based on
2.13standardized test procedures conducted by independent laboratories. Each bag must be
2.14labeled to reflect the certification. For purposes of this section, "ASTM" has the meaning
2.15given in section 296A.01, subdivision 6.
2.16 Subd. 3. Enforcement; civil penalty; injunctive relief. (a) A person who violates
2.17subdivision 1 is subject to a civil penalty of $100 for each violation up to a maximum of
2.18$5,000 and may be enjoined from such violations.
2.19(b) The attorney general may bring an action in the name of the state in a court of
2.20competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
2.21this subdivision. The attorney general may accept an assurance of discontinuance of acts
2.22in violation of subdivision 1 in the manner provided in section 8.31, subdivision 2b.
Sec. 3. EFFECTIVE DATE.
2.24Sections 1 and 2 are effective the day following final enactment.