House Journal Monday March 11 2024

A quorum was present.

Lislegard, Neu Brindley, Rarick and Schomacker were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.

Journal of the House - 90th Day - Monday, March 11, 2024 - Top of Page 11718

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 671, A bill for an act relating to environment; modifying penalty provisions; amending Minnesota Statutes 2022, sections 115.071, subdivision 3; 116.072, subdivisions 2, 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Howard from the Committee on Housing Finance and Policy to which was referred:

H. F. No. 685, A bill for an act relating to real property; prohibiting corporate entities, developers, and contractors from converting single-family homes into a rental property unit; proposing coding for new law in Minnesota Statutes, chapter 500.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [500.35] SINGLE-FAMILY HOME RENTALS; CORPORATE RESTRICTIONS.

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Corporate owner" includes any person, partnership, company, corporation, or organization. Corporate owner does not include an individual who is a natural person, a married couple, or a trust for the benefit of a natural person, married couple, or a trust where the majority of the beneficiaries are related by law.

Subd. 2. Single-family home rentals restricted. (a) The owner of a single-family home is prohibited from renting the home out to a residential tenant when:

(1) the owner has a property interest in ten or more single-family nonhomestead properties that have a current residential tenant, or are available for rent or have been rented within the last 12 months by a residential tenant; and

(2) the owner is not a named exception to this restriction under subdivision 3.

(b) "Homestead" has the meaning given in chapter 273. A property that is classified as class 1a under section 273.13, subdivision 22, is an exempt property and should not be counted as a property under paragraph (a), clause (1).

Subd. 3. Exceptions; exemptions. (a) The owner of a single-family home is exempt from the residential rental restriction in subdivision 1, if the owner is:

(1) a local, state, or federal unit of government, including a state or federal agency;

(2) a land trust as defined by section 462A.31;

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(3) a nonprofit defined by chapter 317A;

(4) a corporation primary engaged in housing development through the construction and rehabilitation of single‑family residences; or

(5) a mortgage note holder that owns the single-family residences through foreclosure.

(b) If a person who is renting a single-family home as a short-term rental for less than 30 days and is in compliance with any state and local regulations governing short-term rentals, then that home is not considered a residential tenancy for the purposes of this section.

(c) A corporate owner may apply for an exemption from subdivision 2 with the commissioner of the Housing Finance Agency. The commissioner may issue an exemption if the exemption to the corporate owner would not have an impact upon the availability of affordable housing. The commissioner shall have 60 days from the time an application for exemption is filed to determine if the exemption shall be granted. The corporate owner may make a request for reconsideration if the application has been denied and the commissioner or their appointee must meet with the corporate owner within ten days of the request for reconsideration and make a determination on that request within 20 days of the request. The commissioner shall review annually each corporate owner that is issued an exemption under this paragraph to ensure that owner continues to meet the criteria. If a corporate owner fails to meet the criteria, the commissioner shall withdraw the exemption and the corporate owner is subject to enforcement proceedings under subdivision 4. The commissioner shall submit a report with a list of each corporate owner that is issued an exemption under this paragraph to the chairs and ranking minority members of the senate and house of representatives housing policy committees by October 1 of each year.

Subd. 4. Enforcement. (a) If the attorney general or a local government has reason to believe that a corporate owner has violated this section, or has taken substantial steps to purchase real property with the intent to rent that property in violation of subdivision 2, then the attorney general shall commence an action in the district court in which any real property related to the violation is situated. The attorney general or local government shall file for record with the county recorder or the registrar of titles of each county in which any portion of said property is located a notice of the pendency of the action as provided in section 557.02.

(b) If the court finds that the business entity violated subdivision 2, it shall enter an order for injunctive relief, declaratory relief, damages, and when reasonable, court costs and attorneys fees.

(c) The parties may agree to a settlement that allows the sale of an earlier acquired rental property owned by a corporate owner in violation of this section and the agreement shall require the corporate owner to follow the divestment requirements of this section including the opportunity to purchase requirements in subdivision 5.

(d) A corporate owner found to have violated this section by a court must first provide notice of sale to the current renters and an opportunity to purchase consistent with subdivision 5. The corporate owners shall have one year from the date of the entry of judgment to divest itself of the property unless a purchase agreement with the renters is in place. The business entity must cease the rental of the real property within one year of the entry of judgment unless the tenant's lease at the time of the entry for judgment provides for a longer rental period, the rental period is extended to prevent hardship to the tenant, or there is a purchase agreement with the current renter under subdivision 5 in place. In no instance shall the real property be rented more than two years after the entry of judgment.

(e) If the real property is not divested as required within the time prescribed, then the attorney general or local government may begin a condemnation proceeding on the real property consistent with chapter 117. Real property subject to a civil action under this section must be sold to an owner who will occupy the home consistent with the law in this section. If a corporate owner failed to provide the current tenant of the property with an opportunity to purchase under subdivision 5, the attorney general shall follow the requirements of subdivision 5 prior to a sale under chapter 117.

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Subd. 5. Divestment purchase option. (a) No corporate owner may accept any offer for the sale, lease, or transfer of a property found to be in violation of this section without first giving 60 days' written notice by certified mail, return receipt requested, of the proposed sale to each resident of the single-family home. The corporate owner must in good faith consider the offer of a residential tenant prior to listing the property for sale.

(b) The notice required under this subdivision must be dated and indicate the price, terms, and conditions of an acceptable offer to sell, lease, or transfer the single-family home. The notice must include the following verbatim statement:

"The owner is required to sell this home consistent with Minnesota Statutes, section 500.35. The price, terms, and conditions of the offer are listed below. The owner will consider in good faith any offer submitted within 60 days of the date of this notice by a resident before listing the property for sale to the public. The owner will negotiate in good faith with any residents of the property. [List of price, terms, and conditions.]"

(c) Nothing in this section prevents a residential tenant from making an offer on the property or purchasing the home after the home has been listed for sale to the public.

EFFECTIVE DATE. This section is effective on August 1, 2024. Corporate owners who own more than ten residential rental properties shall have two years to divest of properties in violation of this section from the date of enactment."

Delete the title and insert:

"A bill for an act relating to housing; restricting residential rentals by corporate home owners; proposing coding for new law in Minnesota Statutes, chapter 500."

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Howard from the Committee on Housing Finance and Policy to which was referred:

H. F. No. 1094, A bill for an act relating to housing; providing tenants with a right to repair violations in a residential rental unit; proposing coding for new law in Minnesota Statutes, chapter 504B.

Reported the same back with the following amendments:

Page 1, line 6, after "section" insert "504B.381," and after the second comma, insert "or 504B.395,"

Page 1, line 7, after "after" insert "a 14-day"

Page 1, line 8, before the first period, insert "consistent with paragraph (b)"

Page 1, line 9, before "Prior" insert "Fourteen days"

Page 1, line 10, after "must" insert ": (1)"

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Page 1, line 11, delete everything after "rent" and insert "provided under section 504B.181; and (2) notify the landlord of the repair that is needed and of the tenant's intent to deduct the cost of the repair from the tenant's rent via phone call, email, text message, or online portal, whichever means of communication is normally used by the tenant to communicate with the landlord."

Page 1, delete lines 12 and 13

Page 1, line 19, after "granted" insert "by the inspector"

Page 1, line 20, before the period, insert "pursuant to section 504B.385"

Page 2, line 4, before the period, insert "provided under section 504B.181, subdivision 1" and delete everything after "also" and insert "notify the landlord of the repair that is needed and of the tenant's intent to deduct the cost of the repair from the tenant's rent via phone call, email, text message, or online portal, whichever means of communication is normally used by the tenant to communicate with the landlord."

Page 2, line 5, delete everything before "The"

Page 2, line 9, delete "my" and insert "may"

Page 2, line 12, delete everything after "(f)" and insert "A tenant may repair or replace an appliance under this section. An appliance purchased by the tenant is the property of the landlord when the tenant is reimbursed for the cost of the appliance."

Page 2, delete lines 13 to 16

Page 2, line 19, after the period, insert "When a deduction of rent is not possible, a tenant shall still be reimbursed by the landlord for costs associated with violations consistent with the provisions of this section."

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 1658, A bill for an act relating to insurance; requiring the coverage for infertility treatment; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Page 2, line 10, delete "August 1, 2023" and insert "January 1, 2025"

Page 2, after line 11, insert:

"Sec. 2. Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 13, is amended to read:

Subd. 13. Drugs. (a) Medical assistance covers drugs, ~~except for fertility drugs when specifically used to enhance fertility,~~ if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, a physician assistant, or an advanced practice registered nurse employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.

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(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply unless authorized by the commissioner or as provided in paragraph (h) or the drug appears on the 90-day supply list published by the commissioner. The 90-day supply list shall be published by the commissioner on the department's website. The commissioner may add to, delete from, and otherwise modify the 90-day supply list after providing public notice and the opportunity for a 15-day public comment period. The 90-day supply list may include cost-effective generic drugs and shall not include controlled substances.

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary. Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:

(1) is not a therapeutic option for the patient;

(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.

(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the Formulary Committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14. A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid. When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.

(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.

(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B covered entities and ambulatory pharmacies under common ownership of the 340B covered entity. Medical assistance does not cover drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

(g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 16.

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(h) Medical assistance coverage for a prescription contraceptive must provide a 12-month supply for any prescription contraceptive if a 12-month supply is prescribed by the prescribing health care provider. The prescribing health care provider must determine the appropriate duration for which to prescribe the prescription contraceptives, up to 12 months. For purposes of this paragraph, "prescription contraceptive" means any drug or device that requires a prescription and is approved by the Food and Drug Administration to prevent pregnancy. Prescription contraceptive does not include an emergency contraceptive drug approved to prevent pregnancy when administered after sexual contact. For purposes of this paragraph, "health plan" has the meaning provided in section 62Q.01, subdivision 3.

Sec. 3. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision to read:

Subd. 72. Coverage of infertility treatment. (a) Medical assistance covers the diagnosis of infertility, treatment for infertility, and standard fertility preservation services that are:

(1) considered medically necessary by the enrollee's treating health care provider; and

(2) recognized by either the American Society for Reproductive Medicine, the American College of Obstetrics and Gynecologists, or the American Society of Clinical Oncology.

(b) Coverage under this section must include but is not limited to ovulation induction, procedures and devices to monitor ovulation, artificial insemination, oocyte retrieval procedures, in vitro fertilization, gamete intrafallopian transfer, oocyte replacement, cryopreservation techniques, micromanipulation of gametes, and standard fertility preservation services.

(c) Coverage under this section must include unlimited embryo transfers, but may impose a limit of four completed oocyte retrievals. Single embryo transfer must be used when medically appropriate and recommended by the treating health care provider.

(d) Coverage for surgical reversal of elective sterilization is not required under this section.

(e) Coverage must meet the requirements that would otherwise apply to a health plan under section 62A.0412.

(f) For the purpose of this subdivision:

(1) "infertility" means a disease, condition, or status characterized by:

(i) the failure of a person with a uterus to establish a pregnancy or to carry a pregnancy to live birth after 12 months of unprotected sexual intercourse for a person under the age of 35, or six months for a person 35 years of age or older, regardless of whether a pregnancy resulting in miscarriage occurred during such time;

(ii) a person's inability to reproduce either as a single individual or with the person's partner without medical intervention; or

(iii) a licensed health care provider's findings based on a patient's medical, sexual, and reproductive history; age; physical findings; or diagnostic testing;

(2) "diagnosis of and treatment for infertility" means the recommended procedures and medications from the direction of a licensed health care provider that are consistent with established, published, or approved medical practices or professional guidelines from the American College of Obstetricians and Gynecologists or the American Society for Reproductive Medicine; and

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(3) "standard fertility preservation services" means procedures that are consistent with the established medical practices or professional guidelines published by the American Society for Reproductive Medicine or the American Society of Clinical Oncology for a person who has a medical condition or is expected to undergo medication therapy, surgery, radiation, chemotherapy, or other medical treatment that is recognized by medical professionals to cause a risk of impairment to fertility.

EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."

Amend the title as follows:

Page 1, line 2, delete "the coverage for" and insert "health plans and medical assistance to cover"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Moller from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 1930, A bill for an act relating to health; establishing an end-of-life option for terminally ill adults with a prognosis of six months or less; providing criminal penalties; classifying certain data; requiring reports; providing immunity for certain acts; authorizing enforcement; amending Minnesota Statutes 2022, section 609.215, subdivision 3; Minnesota Statutes 2023 Supplement, sections 61A.031; 144.99, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 145E.

Reported the same back with the following amendments:

Page 1, after line 12, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 3, after line 9, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 3, after line 17, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 6, after line 11, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 10, line 25, before "Subdivision" insert "Subdivisions 1 to 4; 5, paragraphs (a) to (c); and 6, paragraph (a), are effective August 1, 2024."

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Page 10, after line 30, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 12, after line 2, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 13, after line 4, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 14, line 1, delete "reports" and insert "forms" and after "(a)" insert "Effective August 1, 2024, through July 31, 2028, the commissioner of health must annually review all of the forms submitted under this section to ensure completeness, timeliness, and accuracy of submitted forms. Effective August 1, 2028,"

Page 14, lines 2 and 3, delete "reports" and insert "forms"

Page 14, after line 17, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 14, after line 24, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 15, after line 8, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 15, after line 21, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 17, after line 7, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 17, after line 31, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

Page 18, after line 11, insert:

"EFFECTIVE DATE. This section is effective August 1, 2024."

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

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Nelson, M., from the Committee on Labor and Industry Finance and Policy to which was referred:

H. F. No. 2364, A bill for an act relating to transportation; amending requirements for transporting petroleum products; amending Minnesota Statutes 2022, section 221.033, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2022, section 221.033, subdivision 2c.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 2509, A bill for an act relating to health; authorizing transfer care specialists to remove dead human bodies from the place of death; providing for registration of transfer care specialists by the commissioner of health; adding a mortuary science fee; amending Minnesota Statutes 2022, sections 149A.01, subdivision 3; 149A.02, subdivision 13a, by adding a subdivision; 149A.03; 149A.09; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63; 149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions 2, 4, 5; proposing coding for new law in Minnesota Statutes, chapter 149A.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 2607, A bill for an act relating to health care; clarifying that health plans must cover gender-affirming care; clarifying that medical assistance covers gender-affirming care; amending Minnesota Statutes 2022, section 256B.0625, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 2, delete subdivision 3 and insert:

"Subd. 3. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Gender affirming care" means all medical, surgical, counseling, or referral services, including telehealth services, that an individual may receive to support and affirm the individual's gender identity or gender expression and that are legal under the laws of this state.

(c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the coverages listed in section 62A.011, subdivision 3, clauses (7) and (10)."

Page 2, delete section 2

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Amend the title as follows:

Page 1, line 3, delete everything after the first semicolon

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

H. F. No. 3320, A bill for an act relating to recycling; establishing product stewardship program to promote recycling of boat wrap; proposing coding for new law in Minnesota Statutes, chapter 115A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [115A.1416] BOAT WRAP PRODUCT STEWARDSHIP PROGRAM.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

(b) "Boat" has the meaning given to watercraft under section 86B.005, subdivision 18.

(c) "Boat wrap" means low-density polyethylene plastic that is used to wrap around a boat to protect it against moisture and damage from other potentially harmful elements during storage.

(d) "Brand" means a name, symbol, word, or mark that identifies boat wrap and attributes it to the boat wrap producer.

(e) "Producer" means:

(1) a manufacturer of boat wrap sold under the manufacturer's own brand; or

(2) the owner or licensee of a brand of boat wrap that is manufactured by others.

(f) "Recycle" or "recycling" means the process of transforming boat wrap through mechanical processes into a finished product for use or into a new material capable of being processed into a finished product. Recycle or recycling does not include:

(1) altering the chemical structure of boat wrap;

(2) using boat wrap as or processing boat wrap into a feedstock to produce transportation fuels or plastics; or

(3) destroying boat wrap by incineration or other processes.

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(g) "Retailer" means a person that offers boat wrap for sale at retail in or into this state.

(h) "Stewardship organization" means an organization designated by one or more producers to act on their behalf as an agent to design, submit, and implement a product stewardship plan under this section.

Subd. 2. Product stewardship program. A producer selling or offering boat wrap for sale in or into this state must, through membership in a stewardship organization, implement and finance a statewide product stewardship program to reduce the volume of boat wrap disposed of in landfills by promoting and providing for the negotiation and execution of agreements to collect, transport, and recycle boat wrap.

Subd. 3. Participation required to sell. (a) On and after July 1, 2025, or, for boat wrap brands not sold in or into this state before that date, no later than three months after a producer's stewardship plan is approved by the commissioner under this section, no producer, wholesaler, or retailer may sell or offer boat wrap for sale in or into this state unless the producer participates in an approved stewardship plan through a stewardship organization.

(b) Each producer must enter into an agreement with a stewardship organization to operate, on the producer's behalf, a product stewardship program approved by the commissioner.

(c) All producers offering boat wrap for sale in or into this state must become a member of a single stewardship organization implementing a single stewardship plan.

Subd. 4. Stewardship plan required. On or before March 1, 2025, and before first offering boat wrap for sale in or into this state, a producer must submit a stewardship plan to the commissioner or must submit documentation to the commissioner demonstrating that the producer has entered into an agreement with a stewardship organization to be an active participant in a product stewardship program approved by the commissioner under subdivision 7. A stewardship plan must include all elements required under subdivision 5.

Subd. 5. Plan content. A stewardship plan must contain:

(1) contact information for the individual and the entity submitting the plan, a list of all producers participating in the product stewardship program, and the brands of boat wrap included in the product stewardship program;

(2) certification that the product stewardship program will accept all discarded boat wrap regardless of who produced it;

(3) a description of methods by which boat wrap will be collected in all areas of the state without relying on end-of-life fees paid by boat wrap purchasers, including an explanation of how the collection system will be convenient and adequate to serve the needs of boat owners, marinas, and boat storage establishments in both urban and rural areas on an ongoing basis and a discussion of how existing marinas, boat storage establishments, and sites designated as recycling centers under section 115A.555 will be considered when selecting collection sites;

(4) a description of how the performance of the collection and recycling program will be measured, monitored, and maintained;

(5) the names and locations of collectors, transporters, and recyclers that will manage discarded boat wrap;

(6) a description of how discarded boat wrap will be safely and securely transported, tracked, and handled from collection through final recycling and disposal;

(7) a description of the methods that will be used to separate and manage nonrecyclable materials attached to boat wrap and to recycle discarded boat wrap;

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(8) a description of:

(i) the promotion and outreach activities that will be undertaken to encourage participation in the boat wrap collection and recycling programs and how their effectiveness will be evaluated; and

(ii) the process that will be followed to modify the program, when necessary;

(9) the annual performance goals established by the commissioner under subdivision 12;

(10) evidence of adequate insurance and financial assurance that may be required for collection, handling, and disposal operations; and

(11) a discussion of the status of end markets for collected boat wrap and what, if any, additional end markets are needed to improve the functioning of the program.

Subd. 6. Consultation required. In developing a stewardship plan, a stewardship organization or individual producer submitting a stewardship plan must consult with stakeholders, including boat owners, owners of marinas and boat storage establishments, contractors, collectors, recyclers, and local units of government.

Subd. 7. Agency review and approval. (a) Within 90 days after receiving a proposed stewardship plan, the commissioner must determine whether the plan complies with subdivision 5. If the commissioner approves a plan, the commissioner must notify the applicant of the plan approval in writing. If the commissioner rejects a plan, the commissioner must notify the applicant in writing of the reasons for rejection. An applicant whose plan is rejected by the commissioner must submit a revised plan to the commissioner within 60 days after receiving notice of rejection. If a revised plan is rejected by the commissioner, the commissioner may elect to write a plan that the applicant must implement.

(b) A stewardship organization is responsible for notifying the commissioner of any proposed changes or modifications to the plan or its implementation. A written plan revision must be submitted to the commissioner for review and may not be implemented without written approval from the commissioner.

(d) Six months before an approved stewardship plan expires, a stewardship organization must submit a new plan for commissioner approval that meets the requirements of this section. The commissioner must review the new plan according to this subdivision.

Subd. 8. Plan availability. The commissioner must make a draft stewardship plan available on the agency's website and at the agency's headquarters for public review and comment at least 30 days before the commissioner's decision regarding plan approval. The commissioner must make an approved stewardship plan available on the agency's website and at the agency's headquarters.

Subd. 9. Conduct authorized. A stewardship organization that organizes collection, transport, and recycling of boat wrap under this section is immune from liability for conduct under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce only to the extent that the conduct is necessary to plan and implement the producer's or organization's chosen organized collection or recycling program.

Subd. 10. Stewardship organization responsibilities. A stewardship organization must provide boat wrap purchasers with educational materials regarding the product stewardship program. The materials must include, but are not limited to, information regarding available end-of-life management options for boat wrap offered through the product stewardship program.

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Subd. 11. Retailer responsibilities. (a) A retailer is responsible for reviewing the list of compliant producers on the agency's website, maintained under subdivision 12, to determine whether a producer is compliant with this section.

(b) A retailer or wholesaler of boat wrap is not in violation of this subdivision if, on the date the boat wrap was ordered from a producer or wholesaler, the producer was listed as compliant on the agency's website.

(c) A retailer may elect to participate as a designated point where boat wrap is collected as part of a product stewardship program approved under this section and in accordance with applicable law.

Subd. 12. Agency responsibilities. (a) The commissioner must maintain on the agency website a list of all compliant producers and brands participating in stewardship plans that the commissioner has approved and a list of all producers and brands the commissioner has identified as noncompliant with this section.

(b) The commissioner must, in consultation with the stewardship organization, establish annual performance goals regarding the percentage and weight of boat wrap collected and recycled that the stewardship organization must incorporate into its stewardship plan and meet annually. The goals must increase each year. By the end of the fifth year of the initial product stewardship plan approved by the commissioner, no less than 50 percent of the total weight of boat wrap sold in this state must be collected and recycled, and by the end of the fifth year of the second product stewardship plan, no less than 80 percent of the total weight of boat wrap sold in this state must be collected and recycled. The performance goals, whose derivation must be described, must be based on:

(1) the most recent collection data available for the state;

(2) the estimated weight of boat wrap discarded annually; and

(3) actual collection data from boat wrap recycling or stewardship programs operating in other states.

Subd. 13. Administrative fee. (a) A stewardship organization must pay an annual administrative fee to the commissioner. Before June 1, 2025, and before each June 1 thereafter, the commissioner must identify the costs the agency incurs to administer and enforce this section. The commissioner must set the fee at an amount that, when paid by the stewardship organization, is sufficient to reimburse the agency's full costs of administering and enforcing this section but does not exceed those costs.

(b) A stewardship organization must pay the administrative fee required under this subdivision on or before July 1, 2025, and annually thereafter, on a schedule and in a manner prescribed by the commissioner.

Subd. 14. User fees prohibited. A stewardship organization or retailer may not charge a fee to a person for providing boat wrap for collection and recycling under a stewardship program approved by the commissioner under this section.

Subd. 15. Account established. (a) A boat wrap stewardship account is established in the special revenue fund in the state treasury. The account consists of money received from the administrative fee established in subdivision 13. The commissioner must manage the account.

(b) Money in the account is appropriated annually to the commissioner for administering and enforcing this section.

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Subd. 16. Stewardship reports. Beginning March 1, 2026, and each March 1 thereafter, a stewardship organization operating under this section must submit an annual report to the commissioner describing the program operations of the stewardship plan during the previous calendar year. At a minimum, the report must contain:

(1) a description of the methods used to collect, transport, and process discarded boat wrap in all regions of the state;

(2) the weight of all boat wrap collected in each separate region of the state;

(3) a comparison of the amount of boat wrap collected with the performance goals established in the stewardship plan and, if the goals have not been met, a discussion of actions the stewardship organization will take to ensure that they are achieved in the future;

(4) the weight of discarded boat wrap collected in the state by method of disposition, including recycling and other methods of processing;

(5) a comparison of program performance with the performance goals established by the commissioner under subdivision 12 and, if applicable, a discussion of why the performance goals were not met and proposed modifications to the collection program the stewardship organization will implement to ensure that future performance goals will be met;

(6) samples of educational materials provided to boat wrap consumers, marinas, and boat storage establishments and an evaluation of the effectiveness of the materials and the methods used to disseminate the materials; and

(7) an independent financial audit of stewardship organization activities.

Subd. 17. Data classification. Trade secret and sales information, as defined under section 13.37, submitted to the commissioner under this section are private or nonpublic data under section 13.37.

EFFECTIVE DATE. This section is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to recycling; establishing product stewardship program for boat wrap; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115A."

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce Finance and Policy.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 3339, A bill for an act relating to insurance; requiring coverage for orthotic and prosthetic devices; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 3, delete lines 22 to 24

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Page 4, delete lines 3 and 4

Reletter the paragraphs in sequence

Page 4, line 13, delete "upper"

Page 4, delete section 2 and insert:

"Sec. 2. [62Q.666] MEDICAL NECESSITY AND NONDISCRIMINATION STANDARDS FOR COVERAGE OF PROSTHETICS OR ORTHOTICS.

(a) When performing a utilization review for a request for coverage of prosthetic or orthotic benefits, a health plan company shall apply the most recent version of evidence-based treatment and fit criteria as recognized by relevant clinical specialists.

(b) A health plan company shall render utilization review determinations in a nondiscriminatory manner and shall not deny coverage for habilitative or rehabilitative benefits, including prosthetics or orthotics, solely on the basis of an enrollee's actual or perceived disability.

(c) A health plan company shall not deny a prosthetic or orthotic benefit for an individual with limb loss or absence that would otherwise be covered for a nondisabled person seeking medical or surgical intervention to restore or maintain the ability to perform the same physical activity.

(d) A health plan offered, issued, or renewed in Minnesota that offers coverage for prosthetics and custom orthotic devices shall include language describing an enrollee's rights pursuant to paragraphs (b) and (c) in its evidence of coverage and any benefit denial letters.

(e) A health plan that provides coverage for prosthetic or orthotic services shall ensure access to medically necessary clinical care and to prosthetic and custom orthotic devices and technology from not less than two distinct prosthetic and custom orthotic providers in the plan's provider network located in Minnesota. In the event that medically necessary covered orthotics and prosthetics are not available from an in-network provider, the health plan company shall provide processes to refer a member to an out-of-network provider and shall fully reimburse the out‑of-network provider at a mutually agreed upon rate less member cost sharing determined on an in-network basis.

(f) If coverage for prosthetic or custom orthotic devices is provided, payment shall be made for the replacement of a prosthetic or custom orthotic device or for the replacement of any part of the devices, without regard to continuous use or useful lifetime restrictions, if an ordering health care provider determines that the provision of a replacement device, or a replacement part of a device, is necessary because:

(1) of a change in the physiological condition of the patient;

(2) of an irreparable change in the condition of the device or in a part of the device; or

(3) the condition of the device, or the part of the device, requires repairs and the cost of the repairs would be more than 60 percent of the cost of a replacement device or of the part being replaced.

(g) Confirmation from a prescribing health care provider may be required if the prosthetic or custom orthotic device or part being replaced is less than three years old.

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Sec. 3. Minnesota Statutes 2022, section 256B.0625, subdivision 12, is amended to read:

Subd. 12. Eyeglasses, and dentures~~, and prosthetic and orthotic devices~~. ~~(a)~~ Medical assistance covers eyeglasses, and dentures~~, and prosthetic and orthotic devices~~ if prescribed by a licensed practitioner.

~~(b) For purposes of prescribing prosthetic and orthotic devices, "licensed practitioner" includes a physician, an advanced practice registered nurse, a physician assistant, or a podiatrist.~~

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 4. Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision to read:

Subd. 72. Orthotic and prosthetic devices. Medical assistance covers orthotic and prosthetic devices, supplies, and services according to section 256B.066.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 5. [256B.066] ORTHOTIC AND PROSTHETIC DEVICES, SUPPLIES, AND SERVICES.

Subdivision 1. Definitions. All terms used in this section have the meanings given them in section 62Q.665, subdivision 1.

Subd. 2. Coverage requirements. (a) Medical assistance covers orthotic and prosthetic devices, supplies, and services:

(1) furnished under an order by a prescribing physician or licensed health care prescriber who has authority in Minnesota to prescribe orthoses and prostheses. Coverage for orthotic and prosthetic devices, supplies, accessories, and services under this clause includes those devices or device systems, supplies, accessories, and services that are customized to the enrollee's needs;

(2) determined by the enrollee's provider to be the most appropriate model that meets the medical needs of the enrollee for purposes of performing physical activities, as applicable, including but not limited to running, biking, and swimming, and maximizing the enrollee's limb function; or

(3) for showering or bathing.

(b) The coverage set forth in paragraph (a) includes the repair and replacement of those orthotic and prosthetic devices, supplies, and services described therein.

(c) Coverage of a prosthetic or orthotic benefit must not be denied for an individual with limb loss or absence that would otherwise be covered for a nondisabled person seeking medical or surgical intervention to restore or maintain the ability to perform the same physical activity.

(d) If coverage for prosthetic or custom orthotic devices is provided, payment shall be made for the replacement of a prosthetic or custom orthotic device or for the replacement of any part of the devices, without regard to continuous use or useful lifetime restrictions, if an ordering health care provider determines that the provision of a replacement device, or a replacement part of a device, is necessary because:

(1) of a change in the physiological condition of the patient;

(2) of an irreparable change in the condition of the device or in a part of the device; or

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Subd. 3. Restrictions on coverage. (a) Prior authorization may be required for orthotic and prosthetic devices, supplies, and services.

(b) A utilization review for a request for coverage of prosthetic or orthotic benefits must apply the most recent version of evidence-based treatment and fit criteria as recognized by relevant clinical specialists.

(c) Utilization review determinations must be rendered in a nondiscriminatory manner and shall not deny coverage for habilitative or rehabilitative benefits, including prosthetics or orthotics, solely on the basis of an enrollee's actual or perceived disability.

(d) Evidence of coverage and any benefit denial letters must include language describing an enrollee's rights pursuant to paragraphs (b) and (c).

(e) Confirmation from a prescribing health care provider may be required if the prosthetic or custom orthotic device or part being replaced is less than three years old.

Subd. 4. Managed care plan access to care. (a) Managed care plans and county-based purchasing plans subject to this section must ensure access to medically necessary clinical care and to prosthetic and custom orthotic devices and technology from at least two distinct prosthetic and custom orthotic providers in the plan's provider network located in Minnesota.

(b) In the event that medically necessary covered orthotics and prosthetics are not available from an in-network provider, the plan must provide processes to refer an enrollee to an out-of-network provider and must fully reimburse the out-of-network provider at a mutually agreed upon rate less enrollee cost sharing determined on an in‑network basis.

EFFECTIVE DATE. This section is effective January 1, 2025."

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

H. F. No. 3376, A bill for an act relating to game and fish; allowing the use of a digital image as proof of possession of game and fish licenses; amending Minnesota Statutes 2023 Supplement, section 97A.405, subdivision 2.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2022, section 97A.215, is amended by adding a subdivision to read:

Subd. 4. Electronic devices. During an inspection under subdivision 3, if a person uses an electronic device to display a document to a conservation officer or peace officer:

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(1) the officer is immune from liability for any damage to the device, unless the officer does not exercise due care in handling the device; and

(2) it does not constitute consent for the officer to access other contents on the device."

Page 2, line 30, delete "March 1, 2026" and insert "March 5, 2025"

Page 2, delete line 31 and insert:

"Sec. 3. CROSS-COUNTRY-SKI PASS; TEMPORARY USE OF DIGITAL IMAGE.

Until March 5, 2025, a person may use a digital image of a valid cross-country-ski pass issued to and received by the person to meet the cross-country-ski pass requirements under Minnesota Statutes, section 85.41, subdivision 1.

Sec. 4. HORSE PASS; TEMPORARY USE OF DIGITAL IMAGE.

Until March 5, 2025, a person may use a digital image of a valid horse pass issued to and received by the person to meet the horse pass requirements under Minnesota Statutes, section 85.46, subdivision 1.

Sec. 5. EFFECTIVE DATE.

This act is effective the day following final enactment."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete "game and fish" and insert "natural resources"

Page 1, line 3, delete "game and fish" and insert "certain passes and" and after the semicolon, insert "providing for using electronic devices to display documents;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Fischer from the Committee on Human Services Policy to which was referred:

H. F. No. 3397, A bill for an act relating to behavioral health; modifying requirements for peer recovery support services and recovery peers; requiring the development of a tiered reimbursement rate structure for recovery peers; appropriating money; amending Minnesota Statutes 2023 Supplement, sections 245G.07, subdivision 2; 245I.04, subdivisions 18, 19; 254B.05, subdivision 1.

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Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2022, section 245F.08, subdivision 3, is amended to read:

Subd. 3. Peer recovery support services. (a) Peers in recovery serve as mentors or recovery-support partners for individuals in recovery, and may provide encouragement, self-disclosure of recovery experiences, transportation to appointments, assistance with finding resources that will help locate housing, job search resources, and assistance finding and participating in support groups.

~~(b)~~ Peer recovery support services ~~are provided by a recovery peer and must be supervised by the responsible staff person~~ must be provided according to sections 254B.05, subdivision 5, and 254B.052.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 2. Minnesota Statutes 2023 Supplement, section 245G.07, subdivision 2, is amended to read:

Subd. 2. Additional treatment service. A license holder may provide or arrange the following additional treatment service as a part of the client's individual treatment plan:

(1) relationship counseling provided by a qualified professional to help the client identify the impact of the client's substance use disorder on others and to help the client and persons in the client's support structure identify and change behaviors that contribute to the client's substance use disorder;

(2) therapeutic recreation to allow the client to participate in recreational activities without the use of mood‑altering chemicals and to plan and select leisure activities that do not involve the inappropriate use of chemicals;

(3) stress management and physical well-being to help the client reach and maintain an appropriate level of health, physical fitness, and well-being;

(4) living skills development to help the client learn basic skills necessary for independent living;

(5) employment or educational services to help the client become financially independent;

(6) socialization skills development to help the client live and interact with others in a positive and productive manner;

(7) room, board, and supervision at the treatment site to provide the client with a safe and appropriate environment to gain and practice new skills; and

(8) peer recovery support services must be provided by ~~an individual in~~ a recovery peer qualified according to section 245I.04, subdivision 18. Peer recovery support services include education; advocacy; mentoring through self-disclosure of personal recovery experiences; attending recovery and other support groups with a client; accompanying the client to appointments that support recovery; assistance accessing resources to obtain housing, employment, education, and advocacy services; and nonclinical recovery support to assist the transition from treatment into the recovery community must be provided according to sections 254B.05, subdivision 5, and 254B.052.

EFFECTIVE DATE. This section is effective January 1, 2025.

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Sec. 3. Minnesota Statutes 2023 Supplement, section 245I.04, subdivision 19, is amended to read:

Subd. 19. Recovery peer scope of practice. (a) A recovery peer, under the supervision of an a licensed alcohol and drug counselor or mental health professional who meets the qualifications under subdivision 2, must:

(1) provide individualized peer support and individual recovery planning to each client;

(2) promote a client's recovery goals, self-sufficiency, self-advocacy, and development of natural supports; and

(3) support a client's maintenance of skills that the client has learned from other services.

(b) A licensed alcohol and drug counselor or mental health professional providing supervision to a recovery peer must meet with the recovery peer face-to-face, either remotely or in person, at least once per month, in order to provide adequate supervision to the recovery peer. Supervision must include reviewing individual recovery plans, as defined in section 254B.01, subdivision 4e, for clients, and may include client updates, discussion of ethical considerations, and any other questions or issues relevant to peer recovery support services.

Sec. 4. Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision to read:

Subd. 4e. Individual recovery plan. "Individual recovery plan" means a person-centered outline of supports that an eligible vendor of peer recovery support services under section 254B.05, subdivision 1, must develop to respond to an individual's peer recovery support services needs and goals.

Sec. 5. Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision to read:

Subd. 8a. Recovery peer. "Recovery peer" means a person who is qualified according to section 245I.04, subdivision 18, to provide peer recovery support services within the scope of practice provided under section 245I.04, subdivision 19.

Sec. 6. Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 1, is amended to read:

Subdivision 1. Licensure or certification required. (a) Programs licensed by the commissioner are eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the provisions of section 245A.03. American Indian programs that provide substance use disorder treatment, extended care, transitional residence, or outpatient treatment services, and are licensed by tribal government are eligible vendors.

(b) A licensed professional in private practice as defined in section 245G.01, subdivision 17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible vendor of a comprehensive assessment and assessment summary provided according to section 245G.05, and treatment services provided according to sections 245G.06 and 245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).

(c) A county is an eligible vendor for a comprehensive assessment and assessment summary when provided by an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5, and completed according to the requirements of section 245G.05. A county is an eligible vendor of care coordination services when provided by an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5). A county is an eligible vendor of peer recovery services when the services are provided by an individual who meets the requirements of section 245G.11, subdivision 8.

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(d) A recovery community organization that meets the requirements of clauses (1) to (10) and meets ~~membership~~ certification or accreditation requirements of the ~~Association of Recovery Community Organizations~~ Alliance for Recovery Centered Organizations, the Council on Accreditation of Peer Recovery Support Services, or ~~a Minnesota statewide recovery community organization identified by the commissioner~~ the Minnesota Alliance of Recovery Community Organizations is an eligible vendor of peer recovery support services. Eligible vendors under this paragraph must:

(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be free from conflicting self-interests, and be autonomous in decision-making, program development, peer recovery support services provided, and advocacy efforts for the purpose of supporting the recovery community organization's mission;

(2) be led and governed by individuals in the recovery community, with more than 50 percent of the board of directors or advisory board members self-identifying as people in personal recovery from substance use disorders;

(3) ~~primarily focus on recovery from substance use disorders, with missions and visions that support this primary focus~~ have a mission statement and conduct corresponding activities indicating that the organization's primary purpose is to support recovery from substance use disorder;

(4) ~~be grassroots and reflective of and engaged with the community served~~ demonstrate ongoing community engagement with the identified primary region and population served by the organization, including individuals in recovery and their families, friends, and recovery allies;

(5) be accountable to the recovery community through priority-setting and participatory decision-making processes that promote the ~~involvement and~~ engagement of, and consultation with, people in recovery and their families, friends, and recovery allies;

(6) provide nonclinical peer recovery support services, including but not limited to recovery support groups, recovery coaching, telephone recovery support, skill-building ~~groups~~, and harm-reduction activities, and provide recovery public education and advocacy;

(7) have written policies that allow for and support opportunities for all paths toward recovery and refrain from excluding anyone based on their chosen recovery path, which may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based paths;

(8) ~~be purposeful in meeting the diverse~~ maintain organizational practices to meet the needs of Black, Indigenous, and people of color communities, ~~including~~ LGBTQ+ communities, and other underrepresented or marginalized communities. Organizational practices may include board and staff ~~development activities, organizational practices~~ training, service offerings, advocacy efforts, and culturally informed outreach and ~~service plans~~ services;

(9) ~~be stewards of~~ use recovery-friendly language in all media and written materials that is supportive of and promotes recovery across diverse geographical and cultural contexts and reduces stigma; and

(10) establish and maintain ~~an employee and volunteer~~ a publicly available recovery community organization code of ethics and ~~easily accessible~~ grievance policy and procedures ~~posted in physical spaces, on websites, or on program policies or forms~~.

(e) A recovery community ~~organizations~~ organization approved by the commissioner before June 30, 2023, ~~shall retain their designation as recovery community organizations~~ must meet the requirements under paragraph (d) by January 1, 2025, in order to be an eligible vendor of peer recovery support services.

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(f) A recovery community organization that is aggrieved by an accreditation, certification, or membership determination and believes it meets the requirements under paragraph (d) may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause (15), for reconsideration as an eligible vendor. If the human services judge determines that the recovery community organization meets the requirements under paragraph (d), the recovery community organization is an eligible vendor of peer recovery support services.

(g) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, are not eligible vendors. Programs that are not licensed as a residential or nonresidential substance use disorder treatment or withdrawal management program by the commissioner or by tribal government or do not meet the requirements of subdivisions 1a and 1b are not eligible vendors.

(h) Hospitals, federally qualified health centers, and rural health clinics are eligible vendors of a comprehensive assessment when the comprehensive assessment is completed according to section 245G.05 and by an individual who meets the criteria of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol and drug counselor must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 7. Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 5, is amended to read:

Subd. 5. Rate requirements. (a) The commissioner shall establish rates for substance use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license and provided according to the following ASAM levels of care:

(i) ASAM level 0.5 early intervention services provided according to section 254B.19, subdivision 1, clause (1);

(ii) ASAM level 1.0 outpatient services provided according to section 254B.19, subdivision 1, clause (2);

(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19, subdivision 1, clause (3);

(iv) ASAM level 2.5 partial hospitalization services provided according to section 254B.19, subdivision 1, clause (4);

(v) ASAM level 3.1 clinically managed low-intensity residential services provided according to section 254B.19, subdivision 1, clause (5);

(vi) ASAM level 3.3 clinically managed population-specific high-intensity residential services provided according to section 254B.19, subdivision 1, clause (6); and

(vii) ASAM level 3.5 clinically managed high-intensity residential services provided according to section 254B.19, subdivision 1, clause (7);

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), and 245G.05;

(3) treatment coordination services provided according to section 245G.07, subdivision 1, paragraph (a), clause (5);

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(4) peer recovery support services provided according to section 245G.07, subdivision 2, clause (8);

(5) withdrawal management services provided according to chapter 245F;

(6) hospital-based treatment services that are licensed according to sections 245G.01 to 245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 144.56;

(7) adolescent treatment programs that are licensed as outpatient treatment programs according to sections 245G.01 to 245G.18 or as residential treatment programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or applicable tribal license;

(8) ASAM 3.5 clinically managed high-intensity residential services that are licensed according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7), and are provided by a state-operated vendor or to clients who have been civilly committed to the commissioner, present the most complex and difficult care needs, and are a potential threat to the community; and

(9) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 9503; or

(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01, subdivision 4a;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health care staff in an amount equal to two hours per client per week if the medical needs of the client and the nature and provision of any medical services provided are documented in the client file; or

(5) programs that offer services to individuals with co-occurring mental health and substance use disorder problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

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(ii) 25 percent of the counseling staff are licensed mental health professionals under section 245I.04, subdivision 2, or are students or licensing candidates under the supervision of a licensed alcohol and drug counselor supervisor and mental health professional under section 245I.04, subdivision 2, except that no more than 50 percent of the mental health staff may be students or licensing candidates with time documented to be directly related to provisions of co‑occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly review for each client that, at a minimum, includes a licensed mental health professional and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance use disorder and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program that provides arrangements for off-site child care must maintain current documentation at the substance use disorder facility of the child care provider's current licensure to provide child care services.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements in paragraph (c), clause (4), items (i) to (iv).

(f) ~~Subject to federal approval,~~ Substance use disorder services that are otherwise covered as direct face-to-face services may be provided via telehealth as defined in section 256B.0625, subdivision 3b. The use of telehealth to deliver services must be medically appropriate to the condition and needs of the person being served. Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to direct face‑to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment services provided in a group setting without a group participant maximum or maximum client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. At least one of the attending staff must meet the qualifications as established under this chapter for the type of treatment service provided. A recovery peer may not be included as part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless prior authorization of a greater number of hours is obtained from the commissioner.

(i) Payment for substance use disorder services under this section must start from the day of service initiation, when the comprehensive assessment is completed within the required timelines.

(j) Eligible vendors of peer recovery support services must:

(1) submit to a review by the commissioner of up to 15 percent of all medical assistance and behavioral health fund claims to determine the medical necessity of peer recovery support services for entities billing for peer recovery support services individually and not receiving a daily rate;

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(2) limit an individual client to 14 hours per week for peer recovery support services from an individual provider of peer recovery support services. Additional service hours may be authorized at the commissioner's discretion; and

(3) require authorization for more than 728 hours of peer recovery support services per calendar year for an individual client receiving services.

(k) Peer recovery support services not provided in accordance with section 254B.052 are subject to monetary recovery under section 256B.064 as money improperly paid.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 8. [254B.052] PEER RECOVERY SUPPORT SERVICES REQUIREMENTS.

Subdivision 1. Peer recovery support services; service requirements. (a) Peer recovery support services are face-to-face interactions between a recovery peer and a client in which specific goals identified in an individual recovery plan, treatment plan, or stabilization plan are discussed and addressed. Peer recovery support services are provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and development of natural supports, and to support maintenance of a client's recovery.

(b) Peer recovery support services must be provided according to an individual recovery plan if provided by a recovery community organization or county, a treatment plan if provided in a substance use disorder treatment program under chapter 245G, or a stabilization plan if provided by a withdrawal management program under chapter 245F.

(c) A client receiving peer recovery support services must participate in the services voluntarily. Any program that incorporates peer recovery support services must provide written notice to the client that peer recovery support services will be provided.

(d) Peer recovery support services may include limited transportation or group activities directly related to a client's individual recovery plan. Peer recovery support services may not be provided to a client residing with or employed by a recovery peer from whom they receive services.

Subd. 2. Individual recovery plan. (a) The individual recovery plan must be developed with the client, and must be completed within the first three sessions with a recovery peer. A recovery peer may bill for up to two hours prior to the client's completion of a comprehensive assessment.

(b) The recovery peer must document how each session ties into the client's individual recovery plan. The individual recovery plan must be updated as needed. The individual recovery plan must include:

(1) the client's name;

(2) the recovery peer's name;

(3) the name of the recovery peer's supervisor;

(4) the client's recovery goals;

(5) the client's resources and assets to support recovery;

(6) activities that may support meeting identified goals; and

(7) the planned frequency of peer recovery support services sessions between the recovery peer and the client.

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Subd. 3. Eligible vendor documentation requirements. An eligible vendor of peer recovery support services under section 254B.05, subdivision 1, must keep a secure file for each individual receiving medical assistance peer recovery support services. The file must include, at a minimum:

(1) the client's comprehensive assessment under section 245G.05 that led to the client's referral for peer recovery support services;

(2) the client's individual recovery plan; and

(3) documentation of each billed peer recovery support services interaction between the client and the recovery peer, including the date, start and end time with a.m. and p.m. designations, the client's response, and the name of the recovery peer who provided the service.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 9. RECOVERY PEERS; TIERED REIMBURSEMENT RATES.

(a) The commissioner of human services shall develop and implement a tiered reimbursement rate structure for recovery peers who meet the qualifications under Minnesota Statutes, section 245I.04, subdivision 18. The rate structure must include two rate tiers, as follows:

(1) tier one, providing peer recovery support services on a one-on-one basis; and

(2) tier two, providing peer recovery support services for a group of up to four clients, if appropriate based on each client's individual recovery plan.

(b) The commissioner shall implement the tiered reimbursement rate structure no later than September 1, 2024.

Sec. 10. PEER RECOVERY SUPPORT SERVICES AND RECOVERY COMMUNITY ORGANIZATION WORKING GROUP.

Subdivision 1. Establishment; duties. The commissioner of human services must convene a working group to develop recommendations on:

(1) peer recovery support services billing rates and practices, including a billing model for providing services to groups larger than four clients at one time;

(2) acceptable activities to bill for peer recovery services, including group activities and transportation related to individual recovery plans;

(3) ways to address authorization for additional service hours and a review of the amount of peer recovery support services clients may need;

(4) improving recovery peer supervision and reimbursement for the costs of providing recovery peer supervision for provider organizations;

(5) certification or other regulation of recovery community organizations and recovery peers; and

(6) policy and statutory changes to improve access to peer recovery support services and increase oversight of provider organizations.

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Subd. 2. Membership; meetings. (a) Members of the working group must include, but not be limited to:

(1) a representative of the Alliance for Recovery Centered Organizations;

(2) a representative of the Minnesota Alliance of Recovery Community Organizations;

(3) a representative of the Council on Accreditation of Peer Recovery Support Services;

(4) a representative of the Minnesota Association of Resources for Recovery and Chemical Health;

(5) representatives from at least three recovery community organizations who are eligible vendors of peer recovery support services under Minnesota Statutes, section 254B.05, subdivision 1;

(6) at least two currently practicing recovery peers qualified under Minnesota Statutes, section 245I.04, subdivision 18;

(7) at least two individuals currently providing supervision for recovery peers according to Minnesota Statutes, section 245I.04, subdivision 19;

(8) the commissioner of human services or a designee;

(9) a representative of county social services agencies; and

(10) a representative of a Tribal social services agency.

(b) The commissioner of human services must make appointments to the working group by July 1, 2024, and convene the first meeting of the working group by August 1, 2024.

(c) The commissioner of human services must provide administrative support and meeting space for the working group. The working group may conduct meetings remotely.

Subd. 3. Report. The commissioner must complete and submit a report on the recommendations in this section to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on or before December 15, 2024.

Subd. 4. Expiration. The working group expires upon submission of the report to the legislature under subdivision 3."

Amend the title as follows:

Page 1, line 4, delete "appropriating money;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Human Services Finance.

The report was adopted.

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Freiberg from the Committee on Elections Finance and Policy to which was referred:

H. F. No. 3527, A bill for an act relating to elections; establishing the Minnesota Voting Rights Act; making legislative findings; prohibiting certain actions by political subdivisions or other officials or entities with responsibilities related to election administration that result in voter suppression or vote dilution; establishing a civil cause of action for violations; requiring notice prior to a claim in certain cases; establishing remedies; proposing coding for new law in Minnesota Statutes, chapter 200.

Reported the same back with the following amendments:

Page 1, delete section 2

Page 4, line 1, delete "configuration of any districts" and insert "districting or redistricting plan"

Page 5, line 12, delete "qualified individuals" and insert "eligible voters"

Page 5, lines 23 and 24, delete "enforce" and insert "apply"

Page 9, line 4, delete "a prophylactic" and insert "an"

Page 9, delete subdivision 3 and insert:

"Subd. 3. Approval of remedies. (a) If an administrative deadline prevents a political subdivision from enacting or implementing an identified remedy, the political subdivision may nonetheless enact or implement the remedy upon authorization by the secretary of state. Notwithstanding the applicable deadline, the secretary of state may provide this authorization upon determining that the political subdivision may otherwise be in violation of this act, that the identified remedy would address the potential violation, and that implementation of the identified remedy is feasible. The secretary of state's authorization does not bar an action to challenge the remedy. The secretary of state may adopt rules necessary to implement this paragraph, including but not limited to rules identifying specific administrative deadlines to which this paragraph applies, and to provide for notice and comment procedures that must be followed by political subdivisions prior to implementing a remedy.

(b) If the political subdivision lacks authority to enact or implement an identified remedy, including a remedy subject to paragraph (a), the political subdivision may nonetheless enact and implement the remedy upon approval by the district court. To seek approval, the political subdivision must file a petition in district court that identifies with specificity the law or other authority that prevents the remedy from being enacted or implemented. The venue for a petition under this paragraph is in the district court of the county where the challenged act or practice occurred, or in the District Court of Ramsey County. The district court may authorize the political subdivision to implement or enact the identified remedy notwithstanding the applicable law or authority to the contrary, if the court determines that the prospective plaintiff is likely to succeed in a lawsuit on the merits of the alleged violation; that the proposed remedy would address the alleged violation; and that the proposed remedy is narrowly tailored to that purpose."

Page 10, delete subdivision 5 and insert:

"Subd. 5. Cost sharing. (a) If a political subdivision enacts or implements a remedy in response to a notice letter submitted under subdivision 1, the political subdivision and the party who sent the notice letter must mutually agree on a reimbursement amount to be paid by the political subdivision to that party. The reimbursement amount must reflect the reasonable costs associated with producing and sending the letter and any accompanying evidence, subject to the limitations of this subdivision.

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(b) To be eligible for a reimbursement, the party who submitted the notice letter must submit a request to the political subdivision in writing. The request must:

(1) be received by the political subdivision within 30 days of its enactment or adoption of the remedy; and

(2) be substantiated with financial documentation including, as applicable, detailed invoices for expert analysis and reasonable attorney's fees.

(c) The cumulative amount of reimbursements to all parties must not exceed $40,000. Reimbursement amounts for attorney's fees are limited to amounts calculated using a lodestar methodology.

(d) To the extent a party requests reimbursement for a purported notice letter that fails to comply with the requirements in subdivision 1, or the request fails to comply with this subdivision, the political subdivision may dismiss the request. If the request is dismissed, the political subdivision must notify the party in writing of the reasons for the dismissal."

Page 10, line 16, after the comma, insert "a county attorney,"

Page 11, line 3, delete "broad"

Page 11, after line 20, insert:

"Sec. 10. Minnesota Statutes 2022, section 412.02, subdivision 6, is amended to read:

Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms and ward boundary changes, if applicable, to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule and ward boundaries, if applicable.

Sec. 11. Minnesota Statutes 2022, section 412.02, is amended by adding a subdivision to read:

Subd. 7. Wards. A city may by ordinance provide for the election of city council members by ward. The ordinance must designate the boundaries of the wards. The ordinance must also state whether the city will otherwise operate as a statutory standard plan city or statutory optional plan city, subject to voter approval as may be required under this chapter.

Sec. 12. LEGISLATIVE FINDINGS.

(a) The legislature finds that election practices, procedures, and methods that deny or impair the equal opportunity of racial, color, or language minority groups and Tribal communities to participate in the political process or elect candidates of their choice are inconsistent with the fundamental right to vote, and the rights and privileges guaranteed by the Minnesota Constitution as well as protections found in the Fourteenth and Fifteenth Amendments to the United States Constitution.

(b) The legislature finds that there is a history in Minnesota, as in the United States overall, of discrimination based on race, color, language-minority status, and Tribal membership, including in access to the political process. For example, that:

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(1) the state constitution of 1857 limited the right to vote to white residents and Native American voters "who have adopted the customs and habits of civilization," and invoked a cultural purity test for Native American residents, requiring only Native American applicants to appear before a district court to determine whether each individual was "capable of enjoying the rights of citizenship within the State";

(2) Minnesota voters twice rejected expanding suffrage to Black residents, voting down proposed constitutional amendments to do so in 1865 and again in 1867, and only granted nonwhite men the right to vote in 1868, three years after the end of the Civil War;

(3) civil rights plaintiffs and the federal government have filed litigation and taken other action against political subdivisions in Minnesota under the Federal Voting Rights Act of 1965, as amended, alleging violations of section 2 of that act;

(4) individuals who are members of racial, color, or language minority groups have faced voter intimidation and disinformation in Minnesota, and that, for example, voters of color in 2020 in the cities of Minneapolis and St. Paul were targeted by a plan to hire and deploy armed paramilitia to polling locations, an attempt that was enjoined by a federal district court judge; and

(5) the history of discrimination in Minnesota further includes but is not limited to discrimination in housing, including the use of redlining, racially restrictive covenants on housing deeds, and predatory lending practices; education; employment; health; criminal justice; public works; transportation; land use; environmental protection; and other areas of life.

(c) As a result of this history and persistent discrimination and socioeconomic inequities that bear on the right to vote, members of racial, color, or language minority groups and Tribal communities continue to face unequal barriers in exercising the franchise and participating effectively in the political process.

(d) In light of these conditions, it is the legislature's intent by this act to encourage participation in the elective franchise by all eligible voters and to provide voters in this state with a means to secure their constitutional right to vote free from discrimination."

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Liebling from the Committee on Health Finance and Policy to which was referred:

H. F. No. 3529, A bill for an act relating to health care; requiring health maintenance organizations to be nonprofit corporations organized under chapter 317A; amending Minnesota Statutes 2022, sections 62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.19; 62E.02, subdivision 3.

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Reported the same back with the following amendments:

Page 3, line 30, delete "......." and insert "December 31, 2025"

Page 4, line 4, delete "......." and insert "October 1, 2024."

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce Finance and Policy.

The report was adopted.

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

H. F. No. 3566, A bill for an act relating to solid waste; establishing program to collect and recycle electronic waste; creating an account; requiring a report; requiring rulemaking; appropriating money; amending Minnesota Statutes 2022, section 115A.121; proposing coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2022, sections 115A.1310, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20; 115A.1312; 115A.1314; 115A.1316; 115A.1318; 115A.1320; 115A.1322; 115A.1323; 115A.1324; 115A.1326; 115A.1328; 115A.1330.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2022, section 115A.1310, is amended to read:

115A.1310 DEFINITIONS.

Subdivision 1. Scope. For the purposes of sections 115A.1310 to 115A.1330, the following terms have the meanings given.

Subd. 2. Cathode-ray tube or CRT. "Cathode-ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

Subd. 2a. Central processing unit. "Central processing unit" means a computer's main processor that uses electronic circuitry to carry instructions of a computer program to control operations.

Subd. 2b. Clearinghouse. "Clearinghouse" means an organization that is under contract to the agency to develop, finance, and operate a plan to collect, transport, and recycle covered electronic devices that is approved by the agency under section 115A.1311, subdivision 5.

Subd. 3. Collection. "Collection" means the aggregation of covered electronic devices from ~~households~~ covered entities and includes all ~~the~~ activities ~~up to the time~~ conducted before the delivery of the covered electronic devices ~~are delivered~~ to a recycler.

Subd. 3a. Collection site. "Collection site" means a temporary or permanent site at which collection of covered electronic devices takes place.

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Subd. 4. Collector. "Collector" means a public or private entity that receives covered electronic devices from ~~households~~ covered entities and arranges for the delivery of the devices to a recycler.

Subd. 5. Computer. "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device.

Subd. 6. Computer monitor. "Computer monitor" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a central processing unit or the Internet.

Subd. 7. Covered electronic device. (a) "Covered electronic device" means ~~computers, including tablet computers and laptop computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices that are~~ a television; computer, including a tablet or laptop computer; computer monitor; peripheral; facsimile machine; or gaming console sold to a ~~household by means of retail, wholesale, or electronic commerce~~ covered entity.

(b) "Covered electronic device" does not include:

(1) a motor vehicle or any part thereof;

(2) a camera or video camera;

(3) a portable or stationary radio;

(4) a telephone of any type;

(5) a household appliance, including but not limited to a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher;

(6) equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting;

(7) security or antiterrorism equipment;

(8) a monitoring and control instrument or system;

(9) a thermostat;

(10) a handheld transceiver;

(11) a portable digital assistant or similar device;

(12) a calculator;

(13) a global positioning system receiver or similar navigation device;

(14) commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment;

(15) an unmanned aerial vehicle, as defined in section 243.552, subdivision 1; or

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(16) other medical devices, as the term "device" is defined under United States Code, title 21, section 321, paragraph (h), of the Federal Food, Drug, and Cosmetic Act, as amended.

Subd. 7a. Covered entity. "Covered entity" means a household or a business with fewer than ten employees located in this state.

~~Subd. 8.~~ ~~Department.~~ ~~"Department" means the Department of Revenue.~~

Subd. 8a. Downstream recycling operations. "Downstream recycling operations" means additional recycling operations conducted on partially recycled covered electronic devices by a recycler different from the recycler to whom a collector originally sends electronic waste.

Subd. 9. Dwelling unit. "Dwelling unit" has the meaning given in section 238.02, subdivision 21a.

Subd. 9a. Electronic product environmental assessment tool or EPEAT. "Electronic product environmental assessment tool" or "EPEAT" means a Type I environmental label managed by the Global Electronics Council that registers electronics products that meet lifecycle environmental and social criteria established by the Global Electronics Council.

Subd. 9b. Electronics recyclables. "Electronics recyclables" has the meaning given in section 115A.1331.

Subd. 9c. Gaming console. "Gaming console" means a computer system designed for interactive video gameplay and display.

Subd. 10. Household. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a ~~video display~~ covered electronic device at a dwelling unit primarily for personal use.

Subd. 11. Manufacturer. (a) "Manufacturer" means a person ~~who~~ that:

(1) manufactures ~~video display~~ or has manufactured covered electronic devices to be sold under its own brand as identified by its own brand label; or

(2) sells ~~video display~~ or has sold covered electronic devices manufactured by others under its own brand as identified by its own brand label.;

(3) owns or has owned a brand name that it licenses or has licensed to another person for use on a covered electronic device sold in this state;

(4) imports or has imported into the United States for sale in this state a covered electronic device manufactured outside the United States;

(5) manufactures or has manufactured covered electronic devices for sale in this state without affixing a brand name to them; or

(6) notifies the agency that the person is assuming the responsibilities, obligations, and liabilities of a manufacturer by conducting one or more of the activities in clauses (1) to (5).

(b) "Manufacturer" does not include a person that manufactures computer peripherals or facsimile machines unless the person also manufactures computers, computer monitors, gaming consoles, or televisions.

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Subd. 11a. Market share. "Market share" means the proportion, by weight, of covered electronic devices sold by a manufacturer to a covered entity in Minnesota in a given program year, as determined by the agency.

Subd. 12. Peripheral. "Peripheral" means a keyboard, printer, video cassette recorder, DVD player, or any other device that is sold exclusively for external use with a computer or television and that provides input into or output ~~into or~~ from a computer or television. A gaming console is not a peripheral.

Subd. 12a. Phase I recycling credits. "Phase I recycling credits" means the number of pounds of covered electronic devices recycled by a manufacturer from households during program years one through nine, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle.

Subd. 12b. Phase II recycling credits. "Phase II recycling credits" means an amount calculated in a program year beginning July 1, 2019, and ~~in each program year thereafter~~ ending June 30, 2024, according to the formula (1.5 x A) - (B - C), where:

A = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled during a program year from households located outside the ~~11-county metropolitan area, as defined in section 115A.1314, subdivision 2~~ counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright;

B = the manufacturer's recycling obligation calculated for the same program year in section 115A.1320, subdivision 1, paragraph (g); and

C = the number of pounds of covered electronic devices a manufacturer recycled or arranged to have collected and recycled, up to but not exceeding B, during the same program year from households in the ~~11-county metropolitan area~~ 11 counties identified in this subdivision.

Subd. 12c. Portable battery. "Portable battery" means a rechargeable battery as defined in section 115A.9157.

Subd. 12d. Plan. "Plan" means a plan to develop, finance, and operate a program to collect, transport, and recycle covered electronic devices in this state on behalf of manufacturers.

Subd. 13. Program year. "Program year" means the period from ~~July~~ January 1 through ~~June 30~~ December 31.

Subd. 14. Recycler. "Recycler" means a public or private individual or entity who accepts covered electronic devices from households and collectors for the purpose of recycling. A manufacturer who takes products for refurbishment or repair is not a recycler person engaged in recycling covered electronic devices under a plan approved by the agency under section 115A.1311, subdivision 5, whose recycling operations are certified as meeting an environmentally sound management standard by a certification body accredited by the American National Standards Institute-American Society for Quality.

Subd. 15. Recycling. (a) "Recycling" means ~~the process of collecting and preparing video display devices or~~:

(1) disassembling, dismantling, or shredding covered electronic devices ~~for use in manufacturing processes or for recovery of usable materials followed by delivery of~~ to recover certain materials and delivering such materials for further processing or use.; or

(2) salvaging components of covered electronic devices for use in new products and delivering such components for further processing or use.

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(b) Recycling does not include:

(1) the destruction by incineration or other process or land disposal of recyclable materials ~~nor~~ retrieved from covered electronic devices;

(2) reuse,;

(3) repair,; or

(4) any other process through which ~~video display devices or~~ covered electronic devices are ~~returned to use for households~~ enabled to be reused in their original form.

Subd. 16. Reuse. "Reuse" means:

(1) the repair, refurbishment, or enhancement of a covered electronic device that enables it to be offered for sale for the same purpose for which it was originally manufactured; or

(2) the offering for sale of a discarded covered electronic device or any of its components that have not undergone repair, refurbishment, or enhancement.

Subd. 17. Retailer. "Retailer" means a person ~~who~~ that sells, rents, or leases, ~~through sales outlets, catalogs, or the Internet~~ but not for resale in any form, a ~~video display~~ covered electronic device to a ~~household and not for resale in any form~~ covered entity.

Subd. 18. Sell or sale. "Sell" or "sale" means any transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside of the state, by a person who conducts the transaction and controls the delivery of a ~~video display~~ covered electronic device to a consumer in the state, but does not include a manufacturer's or distributor's wholesale transaction with a distributor or a retailer.

Subd. 19. Television. "Television" means an electronic device that is a cathode-ray tube or flat panel display primarily intended to receive video programming via broadcast, cable, or satellite transmission or video from surveillance or other similar cameras any telecommunications system or device that contains a cathode-ray tube or other type of display system with a viewable area greater than four inches when measured diagonally and that can broadcast or receive moving pictures and sound over a distance, including a television tuner or display device peripheral to a computer that contains a television tuner.

Subd. 20. Video display device. "Video display device" means a television or computer monitor that contains a cathode-ray tube or a flat panel screen that is marketed by manufacturers for use by households. Video display device does not include any of the following:

(1) a video display device that is part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(2) a video display device, including a touch-screen display, that is functionally or physically part of a larger piece of equipment or is designed and intended for use in an industrial; commercial, including retail; library checkout; traffic control; kiosk; security, other than household security; border control; or medical setting, including diagnostic, monitoring, or control equipment;

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(3) a video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

(4) a telephone of any type.

Subd. 21. Transition year. "Transition year" means the period from July 1, 2025, through December 31, 2026.

Subd. 22. Type I environmental label. "Type I environmental label" means a label awarded to a product that meets the eligibility requirements established by the American National Standards Institute National Accreditation Board with respect to environmental standards and performance.

Sec. 2. [115A.1311] COVERED ELECTRONIC DEVICE RECYCLING; REQUIRED PLAN.

Subdivision 1. Participation required to sell. (a) On and after January 1, 2027, no manufacturer required to pay a registration fee under section 115A.1314 may sell or offer for sale in this state a covered electronic device unless the manufacturer of the covered electronic device participates in a plan approved by the agency.

(b) On and after January 1, 2027, no retailer may sell or offer for sale in this state a covered electronic device unless the retailer determines that the manufacturer of the covered electronic device is in compliance with paragraph (a).

Subd. 2. Plan required. On or before January 1, 2027, or before first offering a covered electronic device for sale in this state, a manufacturer must enter into an agreement with a clearinghouse to operate under a plan.

Subd. 3. Plan; content. The agency may not approve a plan unless it contains, at a minimum, all of the following elements:

(1) certification from each manufacturer proposing to operate under the plan that it will abide by the plan's provisions;

(2) contact information for a person administrating the plan;

(3) the provision of sufficient permanent collection sites so that at least 90 percent of the state population resides within a 15-mile radius of a permanent collection site;

(4) in addition to complying with the requirement of clause (3), the establishment of one additional permanent collection site in each unique geographical area that contains 30,000 or more residents within a 15-mile radius of the collection site;

(5) a description of additional activities, including temporary collection sites and collection events, that will be employed to collect covered electronic devices;

(6) a requirement that each recycler under contract to a manufacturer operating under the plan is certified by a third-party organization that has been accredited by the American National Standards Institute's National Accreditation Board as operating under an environmentally sound management standard;

(7) requirements that collection sites:

(i) accept all covered electronic devices received from covered entities at no cost; and

(ii) be staffed and open during hours convenient to the public and sufficient to meet the needs of the area served;

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(8) contact information for each manufacturer participating in the plan and the brands of covered electronic devices sold in this state by each manufacturer;

(9) a description of the methods by which discarded covered electronic devices will be collected in all areas in the state without relying on end-of-life fees, including an explanation of how the collection system will be convenient and adequate to serve the needs of covered entities in both urban and rural areas on an ongoing basis and a discussion of how existing solid waste facilities and household hazardous waste infrastructure will be included when establishing collection sites;

(10) a schedule under which collectors, transporters, and recyclers are to be reimbursed;

(11) measures to ensure that collectors are compensated fairly for collecting, storing, and managing covered electronic devices;

(12) a requirement that each political subdivision that operates a collection site within the area in which covered electronic devices are collected under the plan:

(i) is offered the option to participate under the plan; and

(ii) if agreeing to participate under the plan, enters into an agreement with the clearinghouse under a uniform contract offered by the clearinghouse for all such collection sites;

(13) a list of all collection sites operated by political subdivisions that agree to collect covered electronic devices under the plan;

(14) a description of how the operation of the collection program will be monitored and evaluated;

(15) the names and locations of collectors and recyclers that will manage discarded covered electronic devices;

(16) a description of how discarded covered electronic devices will be safely, securely, and efficiently consolidated, transferred, transported, tracked, and handled from collection through final recycling and processing including:

(i) establishing consolidation and transfer capacity; and

(ii) providing assurance that transportation of covered electronic devices from collectors to recyclers is arranged within two business days of a request;

(17) a description of the methods that will be used to deconstruct or recycle the covered electronic devices;

(18) a description of promotion and outreach activities that will be employed to encourage public participation in the collection and recycling programs and how the effectiveness of those activities will be evaluated and the program modified, if necessary;

(19) evidence that adequate insurance and financial assurance for collection, handling, and disposal operations are in place;

(20) five-year operational goals, including an estimate of the percentage of discarded covered electronic devices that will be collected, reused, and recycled during each of the first five years of the plan and a specific goal for the weight of discarded covered electronic devices that will be collected and recycled or reused during each year. The operational goals must be based on:

(i) the estimated amount of covered electronic devices disposed of annually;

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(ii) the most recent data on covered electronic devices collected in this state;

(iii) the weight of covered electronic devices expected to be available for collection annually; and

(iv) actual collection data from existing electronic waste collection and recycling programs operating in other jurisdictions.

The plan must state the methodology used to determine the operational goals; and

(21) a discussion of the status of end markets for materials recovered from recycled covered electronic devices and what, if any, additional end markets are needed to improve the functioning of the program.

Subd. 4. Mail-back option; content. A clearinghouse may, as part of a plan submitted to the commissioner for approval under this section, offer covered entities an option to mail back to the manufacturer, at no cost to a covered entity, a discarded covered electronic device manufactured by the manufacturer. A mail-back plan must:

(1) allow a covered entity to access and print a prepaid shipping label from the manufacturer's website that may be affixed to a package containing the discarded covered electronic device for shipping by a carrier selected by the manufacturer; and

(2) meet the requirements of subdivision 3, clauses (2), (6), (8), and (14) to (20).

Subd. 5. Plan approval process; administration. (a) Within 15 days of receiving a plan submitted for review, the commissioner must post the plan on the agency's website for public review. Written comments on the plan by the public must be filed with the agency no later than 45 days after the plan is posted.

(b) Within 90 days of receiving a plan submitted for review, the commissioner must approve, reject, or modify the plan and must notify the plan's applicants of the action in writing, including the reasons for the decision, within 15 days of the decision. Applicants whose plan is rejected by the commissioner must submit a revised plan to the commissioner within 60 days of receiving a notice of rejection. If the revised plan does not meet the requirements of this section, as determined by the commissioner, the commissioner must modify the revised plan accordingly and must approve the revised plan.

(c) No manufacturer may operate under a plan that has not been approved by the commissioner. Any modifications to an approved plan proposed by a clearinghouse must be reviewed by the commissioner according to this subdivision.

(d) No later than 90 days before the fifth anniversary of a plan's approval, the plan, with or without revisions, must be resubmitted to the commissioner for review and approval under the process established in this subdivision.

(e) The commissioner may not approve a plan that the commissioner determines does not meet the requirements of subdivision 3.

Subd. 6. Implementation deficiencies; correction process. (a) If at any time the commissioner determines that an approved plan is not being implemented in an efficient and effective manner, the commissioner must provide in writing to the clearinghouse and to each manufacturer participating in the plan an assessment of the deficiencies and recommendations for improvement. Within 30 days of receiving the assessment, the clearinghouse must respond in writing to the commissioner, indicating the changes that will be implemented to address the deficiencies noted in the assessment.

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(b) No later than 90 days after submitting a response under paragraph (a), the clearinghouse must submit to the commissioner in writing information documenting the changes that were implemented to address the deficiencies noted in the assessment and any information regarding the effect of the implemented changes on program operations.

(c) If the commissioner determines that the changes implemented are insufficient to address the deficiencies, the commissioner, after providing written notice to the clearinghouse and to each manufacturer participating in the plan, may:

(1) require the manufacturers participating in the plan to select another clearinghouse to implement the plan; or

(2) contract with a third party to implement and administer the plan. In contracting for implementation and administration of the plan, the commissioner must review the costs incurred by similar electronic waste collection and recycling programs in other states. The commissioner may modify the plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states. Manufacturers participating in a plan must pay the full administrative and implementation costs of the clearinghouse under any option provided in this paragraph.

Sec. 3. Minnesota Statutes 2022, section 115A.1312, is amended to read:

115A.1312 REGISTRATION PROGRAM.

Subdivision 1. Requirements for sale. ~~(a)~~ On or after ~~September 1, 2007~~ January 1, 2027, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a ~~new video display~~ covered electronic device unless:

(1) the ~~video display~~ covered electronic device is labeled with the manufacturer's brand, which label is permanently affixed and readily visible; and

(2) the manufacturer has filed a registration with the agency, as specified in subdivision 2.

(b) A retailer must not sell, offer for sale, rent, or lease a video display device unless the video display device is labeled according to this subdivision and listed as registered on the agency website according to subdivision 2.

(c) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's registration expired or was revoked and the retailer took possession of the video display device prior to the expiration or revocation of the manufacturer's registration and the unlawful sale occurred within six months after the expiration or revocation.

Subd. 2. Manufacturer registration. (a) By ~~August~~ October 15 each year, a manufacturer of ~~video display~~ covered electronic devices sold or offered for sale to ~~households~~ covered entities in ~~the~~ this state must submit a registration to the agency on a form prescribed by the commissioner that includes:

(1) a list of the manufacturer's brands of ~~video display~~ covered electronic devices offered for sale in this state;

(2) the name, address, and contact information of a person responsible for ensuring compliance with this chapter; and

(3) a certification that the manufacturer ~~has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318~~ will operate under the plan approved by the commissioner.

(b) A manufacturer ~~of video display devices sold or offered for sale to a household must include in the registration submitted under paragraph (a), a statement disclosing whether:~~

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~~(1) any video display devices sold to households exceed~~ may not sell a covered electronic device in this state that exceeds the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB's), and polybrominated diphenyl ethers (PBDE's) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European Parliament and Council and any amendments thereto~~; or~~

~~(2)~~ unless the manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS Directive that has been approved ~~and published by the European Commission~~ by the commissioner.

(c) A manufacturer who ~~begins to sell or offer for sale video display devices to households after August 15, 2016,~~ ~~and~~ has not filed a registration under this subdivision must submit a registration to the ~~agency~~ commissioner within ten days of beginning to sell or offer for sale ~~video display~~ covered electronic devices to ~~households~~ covered entities.

(d) A ~~registration~~ manufacturer must ~~be updated~~ file an updated registration with the commissioner within ten days after a change in the manufacturer's brands of ~~video display~~ covered electronic devices sold or offered for sale to ~~households~~ covered entities.

(e) A registration is effective upon receipt by the ~~agency~~ commissioner and is valid until ~~August~~ October 15 each year.

(f) The agency must review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. Within 30 days of receipt of a notification from the agency, the manufacturer must submit a revised registration providing the information noted by the agency.

(g) The agency must maintain on its website the names of manufacturers and the manufacturers' brands listed in registrations filed with the agency. The agency must update the website information promptly upon receipt of a new or updated registration. The website must contain prominent language stating~~, in effect,~~ that:

(1) sections 115A.1310 to 115A.1330 ~~are directed at household equipment~~ apply only to covered electronic devices sold to covered entities; and

(2) the manufacturers' brands list is~~, therefore,~~ not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of sections 115A.1310 to 115A.1330.

Subd. 3. Collector registration. No person may operate as a collector of covered electronic devices or electronics recyclables from ~~households~~ covered entities unless that person has submitted a registration with the agency by ~~July~~ January 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of the business and a certification that the collector has complied and will continue to comply with the requirements of sections 115A.1312 to 115A.1318 and 115A.1331 to 115A.1337, as applicable, and any regulations adopted by a local government unit ~~for~~ that apply to the jurisdiction in which the collector operates. ~~A collector must indicate any end-of-life fees that will be charged at the collection point.~~ A registration is effective upon receipt by the agency and is valid until ~~July~~ January 15 each year. A collector may submit a single registration under this subdivision to collect covered electronic devices, electronics recyclables, or both.

Subd. 4. Recycler registration. No person may recycle ~~video display~~ covered electronic devices or electronics recyclables generated by ~~households~~ covered entities unless that person has submitted a registration with the agency by ~~July~~ October 15 each year on a form prescribed by the commissioner. Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive covered electronic devices or electronics recyclables from ~~households~~ covered entities and a

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certification that the recycler has complied and will continue to comply with the requirements of sections 115A.1312 to ~~115A.1318~~ 115A.1337, as applicable. A registered recycler must conduct recycling activities that are consistent with this chapter. A registration is effective upon receipt by the agency and is valid until ~~July~~ October 15 each year. A recycler may submit a single registration under this subdivision to recycle covered electronic devices, electronics recyclables, or both.

Subd. 5. Dual registration. A person conducting both collection and recycling activities may register under both subdivisions 3 and 4.

Subd. 6. Denial of registration. The commissioner may deny a registration under subdivision 3 or 4 if the collector or recycler or an employee or officer of the collector or recycler has, as determined by the commissioner, a history of:

(1) repeated violations of federal, state, or local laws, regulations, standards, or ordinances related to the collection, recycling, or other management of electronics recyclables;

(2) gross carelessness or incompetence in handling, storing, processing, transporting, disposing of, or otherwise managing electronics recyclables, as determined by the commissioner; or

(3) conviction of a felony in a federal or state court for forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit.

Sec. 4. Minnesota Statutes 2022, section 115A.1314, is amended to read:

115A.1314 MANUFACTURER ~~REGISTRATION FEE~~ FEES.

Subdivision 1. Registration fee. (a) Each manufacturer who registers under section 115A.1312 must, by ~~August~~ October 15 each year, pay to the commissioner ~~of revenue~~ an annual registration fee, on a form and in a manner prescribed by the commissioner of revenue. The commissioner ~~of revenue~~ must deposit the fee in the state treasury and credit the fee to the electronic waste collection and recycling account in the environmental fund.

(b) For the transition year, which begins July 1, 2025, and ends December 31, 2026, the registration fee for ~~manufacturers that sell 100 or more video display devices to households in the state during the previous calendar year~~ a manufacturer is ~~$2,500, plus a variable recycling fee~~ $3,750. The registration fee for manufacturers that sell fewer than 100 video display devices in the state during the previous calendar year is a variable recycling fee. The variable recycling fee is calculated according to the formula:

~~[A - (B + C)] x D, where:~~

~~A = the manufacturer's recycling obligation as determined under section 115A.1320;~~

B = the number of pounds of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households during the immediately preceding program year, as reported under section 115A.1316, subdivision 1;

~~C = the number of phase I or phase II recycling credits a manufacturer elects to use to calculate the variable recycling fee; and~~

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D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation; $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's recycling obligation.

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling fee, element D in the formula in paragraph (b), required under this section. The agency shall direct the commissioner of revenue to waive the per-pound cost of recycling fee if the manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling obligation as determined under section 115A.1320. The petition must include:

~~(1) documentation that the manufacturer has met at least 75 percent of its recycling obligation as determined under section 115A.1320;~~

(2) a list of political subdivisions and public and private collectors with whom the manufacturer had a formal contract or agreement in effect during the previous program year to recycle or collect covered electronic devices;

~~(3) the total amounts of covered electronic devices collected from both within and outside of the 11-county metropolitan area, as defined in subdivision 2;~~

~~(4) a description of the manufacturer's best efforts to meet its recycling obligation as determined under section 115A.1320; and~~

~~(5) any other information requested by the agency.~~

(d) A manufacturer may retain phase I and phase II recycling credits to be added, in whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision 2, during any succeeding program year, provided that no more than 25 percent of a manufacturer's recycling obligation (A) for any program year may be met with phase I and phase II recycling credits, separately or in combination, generated in a prior program year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner.

(e) For the purpose of determining B in calculating a manufacturer's variable recycling fee using the formula under paragraph (b), starting with the program year beginning July 1, 2019, and continuing each year thereafter, the weight of covered electronic devices that a manufacturer recycled or arranged to have collected and recycled from households located outside the 11-county metropolitan area, as defined in subdivision 2, paragraph (b), is calculated at 1.5 times their actual weight.

(c) For the program year beginning January 1, 2027, and annually thereafter, the commissioner must determine the annual registration fees on a sliding scale, based on the manufacturer's market share of covered electronic devices sold in this state, by number of units or weight, as determined by the commissioner. The commissioner must assign each manufacturer to the applicable market share tier below, based on the commissioner's market share calculation under paragraph (d):

Tier 1	5 percent or greater
Tier 2	At least 1 but less than 5 percent
Tier 3	At least 0.1 but less than 1 percent
Tier 4	At least .03 but less than 0.1 percent
Tier 5	At least .01 but less than .03 percent
Tier 6	Less than .01 percent

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Each manufacturer in the same tier must pay the same fee amount. The commissioner must determine the amount of the fee paid by manufacturers in each tier so that aggregate annual registration fees do not exceed the total annual costs of activities specified in paragraph (e).

(d) For the purposes of this section, the commissioner must calculate each manufacturer's market share as follows:

(1) by multiplying the total number of units or pounds of computers, computer monitors, televisions, printers, and facsimile machines sold by the manufacturer nationally during the previous calendar year by the ratio of Minnesota's population to the national population in the same year, as measured by the United States Bureau of the Census, and dividing the result by the total number of units or pounds of computers, computer monitors, televisions, printers, and facsimile machines sold by all manufacturers nationally; and

(2) if applicable, for those product models of computers, computer monitors, televisions, printers, and facsimile machines sold by the manufacturer that are EPEAT-registered, the calculation in clause (1) must be reduced by:

(i) 15 percent for those product models that have been rated by EPEAT as achieving the gold standard;

(ii) ten percent for those product models that have been rated by EPEAT as achieving the silver standard; and

(iii) five percent for those product models that have been rated by EPEAT as achieving the bronze standard.

(e) The aggregate annual registration fees paid by manufacturers under this subdivision in a program year:

(1) may be used by the commissioner to implement and enforce sections 115A.1310 to 115A.1330 and for transfer to the commissioner of administration for responsibilities under section 115A.1324; and

(2) may not be used to supplement payments made from the operations fee assessed in subdivision 2a to the clearinghouse for distribution to collectors, transporters, and recyclers and to manufacturers operating a mail-back system.

~~Subd. 2.~~ ~~Use of registration fees.~~ ~~(a) Registration fees may be used by the commissioner for:~~

(1) implementing sections 115A.1312 to 115A.1330, including transfer to the commissioner of revenue to carry out the department's duties under section 115A.1320, subdivision 2, and transfer to the commissioner of administration for responsibilities under section 115A.1324; and

(2) grants to counties outside the 11-county metropolitan area, as defined in paragraph (b), and to private entities that collect for recycling covered electronic devices in counties outside the 11-county metropolitan area, where the collection and recycling is consistent with the respective county's solid waste plan, for the purpose of carrying out the activities under sections 115A.1312 to 115A.1330. In awarding competitive grants under this clause, the commissioner must give preference to counties and private entities that are working cooperatively with manufacturers to help them meet their recycling obligations under section 115A.1318, subdivision 1.

~~(b) The 11-county metropolitan area consists of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.~~

Subd. 2a. Operations fee. (a) Beginning January 1, 2027, the commissioner must assess, on a quarterly basis, an operations fee on each manufacturer that is required to pay a registration fee for that program year. The commissioner must calculate the operations fee by multiplying a manufacturer's market share, as calculated under subdivision 1, paragraph (d), for the most recently completed program year by the total cost of collection,

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transportation, and recycling operations of the plan during the previous quarter. For a manufacturer operating a mail-back system under section 115A.1311, subdivision 4, the operational fee is equal to the mail-back, transportation, and recycling costs of the program during the previous quarter. A manufacturer must remit the full operations fee to the commissioner within 30 days of receiving the fee assessment.

(b) The commissioner must deposit all fees collected under this subdivision into the covered electronic device waste collection and recycling account established in section 115A.1321.

(c) No later than 30 days after receiving operations fees from manufacturers, the commissioner must use the operations fees to make payments to the clearinghouse and to manufacturers operating a mail-back system for collection, transportation, and recycling costs, as applicable.

Sec. 5. Minnesota Statutes 2022, section 115A.1318, is amended to read:

115A.1318 RESPONSIBILITIES; PROHIBITION.

Subdivision 1. Manufacturer responsibilities. (a) ~~In addition to fulfilling~~ A manufacturer must fulfill the requirements of sections 115A.1310 to 115A.1330~~, a manufacturer must comply with paragraphs (b) to (f)~~.

(b) ~~A manufacturer must annually recycle or arrange for the collection and recycling of an amount of video display devices as determined by the agency in section 115A.1320, subdivision 1.~~ A manufacturer must assume all financial responsibility ~~associated with~~ for costs incurred from collecting, transporting, and recycling covered electronic devices that are used to meet the manufacturer's recycling obligation determined under section 115A.1320 or that are counted as phase I or II recycling credits, including any necessary supplies. This excludes costs that are associated with receiving and aggregating covered electronic devices from households and all the activities up to the time that covered electronic devices are loaded for transport to a recycler or arranged for transportation to a recycler under a plan approved by the commissioner.

(c) ~~The obligations of a manufacturer apply~~ A manufacturer is required to recycle only ~~to video display~~ covered electronic devices received from ~~households and do not apply to video display devices received from sources other than households~~ covered entities.

(d) A manufacturer must ~~conduct and document~~ ensure that due diligence assessments of collectors and recyclers it contracts with and of any applicable downstream recycling operations are conducted and documented, including an assessment of items specified under subdivision 2. A manufacturer is responsible for maintaining, for a period of three years, documentation that all covered electronic devices recycled, partially recycled, or sent to downstream recycling operations comply with the requirements of subdivision 2.

~~(e) A manufacturer must provide the agency with contact information for a person who can be contacted regarding the manufacturer's activities under sections 115A.1310 to 115A.1320.~~

~~(f)~~ (e) Only ~~the~~ covered electronic devices that are recycled by a registered recycler that is certified ~~by an ANSI‑ASQ National Accreditation Board-accredited third-party certification body to an environmentally sound management standard are eligible to meet the manufacturer's obligation~~ as meeting an environmentally sound management standard by a certification body accredited by the American National Standards Institute-American Society for Quality National Accreditation Board may be reported under paragraph (f).

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(f) Beginning March 1, 2027, and each March 1 thereafter, a manufacturer must report to the commissioner, on a form approved by the commissioner:

(1) a description of the collection, transportation, mail-back, and recycling activities conducted under the approved plan in all regions of the state;

(2) separate estimates of the number of units and the total weight of the manufacturer's covered electronic devices for each specific model sold to covered entities during the previous program year;

(3) the total weight of the manufacturer's covered electronic devices sold to covered entities during the previous program year, which may be estimated by multiplying the weight of its covered electronic devices sold nationally by the quotient of Minnesota's population divided by the national population. The method in this clause must be used by a manufacturer that sells 99 or fewer covered electronic devices to covered entities in the state during the previous program year;

(4) an estimate of the total weight of covered electronic devices collected and recycled;

(5) a description of how the estimates in clauses (2) to (4) were calculated;

(6) a description of how the manufacturer employs bidding processes that are open, competitive, and fair;

(7) a description of how the manufacturer arranges transportation of covered electronic devices from collectors to recyclers within two business days of a request; and

(8) evidence of adequate financial assurance for collection, handling, and disposal activities demonstrated by posting a performance bond or issuing a letter of credit or other financial instrument.

(g) A manufacturer must furnish any information the commissioner determines is necessary to assess compliance with sections 115A.1310 to 115A.1330.

Subd. 1a. Collector responsibilities. (a) ~~Collection sites must be:~~ A collector must furnish any information requested by the commissioner to determine compliance with sections 115A.1310 to 115A.1330.

(b) A collector operating under a plan must:

(1) certify in a written agreement with the clearinghouse that the collector will operate in compliance with a plan approved by the commissioner;

(2) host collection sites that are:

~~(1)~~ (i) staffed; and

~~(2)~~ (ii) open to the public at a frequency adequate to meet the needs of the area being served.;

(3) accept any covered electronic device; and

(4) beginning April 30, 2027, and each 30th day of July, October, January, and April thereafter, report to the clearinghouse on a form approved by the commissioner the total weight of covered electronic devices collected during the preceding quarter under the plan.

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~~(b)~~ (c) A collector may limit the number of ~~covered electronic devices or~~ covered electronic devices by product type accepted per customer per day or per delivery at a collection site or service.

~~(c) A collector must use only registered recyclers.~~

(d) A collector that is not operating under a plan must comply with paragraph (a) and paragraph (b), clause (4), as applicable.

Subd. 1b. Clearinghouse responsibilities. A clearinghouse must:

(1) collaborate with manufacturers to develop a plan that meets the requirements of section 115A.1311, subdivision 3;

(2) ensure that all participants in the plan are registered with the agency;

(3) coordinate collection, transportation, and recycling activities under the plan, including establishing sufficient consolidation and transfer capacity to ensure efficient transportation of covered electronic devices;

(4) manage invoices from and distribute operations fees to collectors, transporters, and recyclers;

(5) collect and compile information from collectors, transporters, and recyclers to report to the commissioner; and

(6) provide any information requested by the commissioner to determine compliance with sections 115A.1310 to 115A.1330.

Subd. 2. Recycler responsibilities. (a) A recycler must certify in a written agreement with the clearinghouse that the recycler will operate in compliance with a plan approved by the commissioner.

(b) Beginning April 30, 2027, and each 30th day of July, October, January, and April thereafter, a recycler of covered electronic devices must report to the commissioner:

(1) the total weight of covered electronic devices, by product type, recycled during the preceding quarter and further disaggregated to reflect separate amounts recycled under the plan; and

(2) an estimate of the weight of portable batteries and any mercury-containing lamps associated with the covered electronic devices managed.

(c) As part of the report submitted under ~~section 115A.1316, subdivision 2~~ this subdivision, a recycler must certify, except as provided in paragraph ~~(b)~~ (d), that facilities that recycle covered electronic devices, including all downstream recycling operations:

(1) use only registered collectors;

(2) comply with all applicable health, environmental, safety, and financial responsibility regulations;

(3) are licensed by all applicable governmental authorities;

(4) use no prison labor to recycle ~~video display~~ covered electronic devices;

(5) possess liability insurance of not less than ~~$1,000,000~~ $5,000,000 for environmental releases, accidents, and other emergencies;

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(6) provide a report annually to each registered collector regarding the ~~video display~~ covered electronic devices received from that entity; and

(7) do not charge collectors for transporting, recycling, or any necessary supplies related to transporting or recycling covered electronic devices ~~that meet a manufacturer's recycling obligation as determined under section 115A.1320, unless otherwise mutually agreed upon~~ under a plan approved by the commissioner.

~~(b)~~ (d) A nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools is exempt from paragraph ~~(a)~~ (c), clauses (4) and (5).

~~(c)~~ (e) Except to the extent otherwise required by law and unless agreed upon otherwise by the recycler or manufacturer, a recycler has no responsibility for any data that may be contained in a covered electronic device if an information storage device is included in the covered electronic device.

(f) A recycler must provide any information requested by the commissioner to determine compliance with sections 115A.1310 to 115A.1330.

Subd. 3. Retailer responsibilities. (a) A retailer is responsible for reviewing registration information placed on the agency's website, as required under section 115A.1312, subdivision 2, paragraph (g). Beginning January 1, 2027, no retailer shall sell or offer for sale a covered electronic device that is not labeled by the manufacturer and registered as required by section 115A.1312.

(b) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer was not registered or the manufacturer's registration expired or was revoked if the retailer took possession of the covered electronic device before January 1, 2027, or before the manufacturer's registration expired or was revoked, and the unlawful sale occurred within six months after the expiration or revocation.

(c) Beginning January 1, 2027, a retailer ~~who sells new video display~~ selling covered electronic devices ~~shall~~ in this state must provide information to ~~households~~ customers describing where and how they may recycle ~~video display~~ covered electronic devices and advising them of opportunities and locations for the convenient collection of ~~video display~~ covered electronic devices, including manufacturer mail-back programs, for the purpose of recycling. This requirement may be met by posting signs at the point of sale stating that covered electronic devices should not be placed in solid waste or a solid waste facility or by providing to ~~households~~ customers the agency's toll-free number and website address. Retailers selling through catalogs or the Internet may meet this requirement by including the information in a prominent location on the retailer's website.

Subd. 4. Prohibition. A collector may not charge for collection, transportation, or recycling services or for any costs incurred by the collector operating under a plan approved by the commissioner.

Sec. 6. [115A.1319] TRANSITION TO NEW PROGRAM.

(a) Notwithstanding section 115A.1310, subdivision 13, the program year beginning July 1, 2025, ends on December 31, 2026.

(b) In addition to the annual registration and operations fees charged to manufacturers under section 115A.1314, the commissioner must charge each manufacturer a onetime advance operations fee that is due for payment on October 15, 2026. The commissioner must calculate the advance operations fee by multiplying the manufacturer's market share in 2024, as calculated under section 115A.1314, subdivision 1, paragraph (d), by the number of pounds of covered electronic devices the manufacturer collected in 2024, as reported in section 115A.1318, subdivision 1, paragraph (f); times the commissioner's estimate of the national average cost to recycle one pound of covered electronic devices; times 0.5.

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(c) No later than March 31, 2027, the commissioner must compare each manufacturer's advance operations fee assessed in paragraph (b) with the product of the actual total cost of collecting, transporting, and recycling covered electronic devices under the plan in which the manufacturer participated, multiplied by the manufacturer's market share, as calculated under section 115A.1314, subdivision 1, paragraph (d). If the manufacturer's advance operations fee exceeds a manufacturer's share of estimated actual program costs, the commissioner must pay the difference to the manufacturer. If the manufacturer's share of estimated actual program costs exceeds the manufacturer's advance operations fee, the manufacturer must remit the difference to the commissioner.

(d) Notwithstanding section 115A.1318, reports required by the commissioner from manufacturers, collectors, and recyclers for the 2025 program year are not due until January 15, 2027.

(e) All phase I and phase II recycling credits expire July 31, 2026, and may not be used thereafter by a manufacturer to calculate the amount of covered electronic devices recycled by the manufacturer.

(f) This section expires June 30, 2027.

Sec. 7. Minnesota Statutes 2022, section 115A.1320, is amended to read:

115A.1320 AGENCY ~~AND DEPARTMENT~~ DUTIES.

Subdivision 1. Duties of agency. (a) The ~~agency shall~~ commissioner must:

(1) administer sections 115A.1310 to 115A.1330.;

(2) review and approve a plan; and

(3) ensure that manufacturers remit in full registration and operations fees.

(b) The ~~agency shall~~ commissioner must establish procedures for:

(1) receipt and maintenance of ~~the~~ registration statements and certifications filed with the agency under section 115A.1312; and

(2) making ~~the~~ registration statements and certifications easily available to manufacturers, retailers, and members of the public.

~~(c) The agency shall annually review the following variables that are used to calculate a manufacturer's annual registration fee under section 115A.1314, subdivision 1:~~

~~(1) the obligation-setting mechanism for manufacturers as specified under paragraph (g);~~

~~(2) the estimated per-pound price of recycling covered electronic devices sold to households; and~~

~~(3) the base registration fee.~~

(d) If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under sections 115A.1312 to 115A.1330, or if the revenues exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house of representatives committees with jurisdiction over solid waste policy.

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(e) By May 1 each year, the agency shall publish a statewide recycling goal for all video display device waste that is the weight of all video display devices collected for recycling during each of the three most recently completed program years, excluding the most recently concluded program year, divided by two.

(f) By May 1 each year, the agency shall determine each registered manufacturer's market share of video display devices to be collected and recycled based on the manufacturer's percentage share of the total weight of video display devices sold as reported to the agency under section 115A.1316, subdivision 1.

(g) By May 1 each year, the agency shall provide each manufacturer with a determination of the manufacturer's share of video display devices to be collected and recycled. A manufacturer's market share of video display devices as specified in paragraph (f) is applied proportionally to the statewide recycling goal as specified in paragraph (e) to determine an individual manufacturer's recycling obligation. Upon request by the commissioner of revenue, the agency must provide the information submitted to manufacturers under this paragraph to the commissioner of revenue.

~~(h)~~ (c) No later than February 28 each year, beginning in 2026, the ~~agency shall provide~~ commissioner must submit a report to the governor and the ~~legislature~~ chairs and ranking minority members of the senate and house committees with primary responsibility for solid waste policy on the implementation of sections 115A.1310 to 115A.1330. For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under section ~~115A.1316~~ 115A.1318. The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state. ~~The report must examine which covered electronic devices, based on economic and environmental considerations, should be subject to the obligation-setting mechanism under paragraph (g).~~ The report must include a description of enforcement actions taken under sections 115A.1310 to 115A.1330. The ~~agency~~ commissioner may include in ~~its~~ the report other information received by the agency regarding the implementation of sections ~~115A.1312~~ 115A.1310 to 115A.1330. ~~The report must be done in conjunction with the report required under section 115A.121.~~

~~(i)~~ (d) The ~~agency shall~~ commissioner must promote public participation in the activities regulated under sections ~~115A.1312~~ 115A.1310 to ~~115A.1330~~ 115A.1339 through public education and outreach efforts.

~~(j)~~ (e) The ~~agency shall~~ commissioner must enforce sections 115A.1310 to 115A.1330 in the manner provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072~~, except for those provisions enforced by the department, as provided in subdivision 2~~. The ~~agency~~ commissioner may revoke a registration of a collector or recycler found to have violated sections 115A.1310 to 115A.1330.

(k) The agency shall facilitate communication between counties, collection and recycling centers, and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.

~~(l)~~ (f) The ~~agency shall~~ commissioner must post on ~~its~~ the agency's website the contact information provided by each manufacturer under section ~~115A.1318~~ 115A.1312, subdivision 1 2, paragraph ~~(e)~~ (a), clause (2).

~~Subd. 2.~~ ~~Additional duties.~~ (a) The agency must collect the data submitted to it annually by each manufacturer on the total weight of each specific model of video display device sold to households, if provided; the total weight of video display devices sold to households; the total weight of covered electronic devices collected from households that are recycled; and data on phase I and phase II recycling credits, as required under section 115A.1316. The department must use this data to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately.

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~~(b) The agency must estimate, for each registered manufacturer, the sales of video display devices to households during the previous program year, based on:~~

~~(1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or~~

~~(2) if a manufacturer does not provide the data specified in clause (1), national data on sales of video display devices.~~

The department must use the data specified in this subdivision to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately according to the formula in section 115A.1314, subdivision 1.

(c) The department must enforce section 115A.1314, subdivision 1. The audit, assessment, appeal, collection, enforcement, disclosure, and other administrative provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under chapter 297A apply to the fee imposed under section 115A.1314, subdivision 1. To enforce section 115A.1314, subdivision 1, the commissioner of revenue may grant extensions to pay, and impose and abate penalties and interest on, the fee due under section 115A.1314, subdivision 1, in the manner provided in chapters 270C and 289A as if the fee were a tax imposed under chapter 297A.

(d) The department may disclose nonpublic data to the agency only when necessary for the efficient and effective administration of the activities regulated under sections 115A.1310 to 115A.1330. Any data disclosed by the department to the agency retains the classification it had when in the possession of the department.

Sec. 8. [115A.1321] COVERED ELECTRONIC DEVICE WASTE COLLECTION AND RECYCLING ACCOUNT.

Subdivision 1. Establishment of account. The covered electronic device waste collection and recycling account is established as a separate account in the environmental fund in the state treasury. The commissioner must credit to the account registration and operations fees paid by manufacturers under sections 115A.1314 and 115A.1319 and appropriations and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains in the account until expended. The commissioner must manage the account.

Subd. 2. Expenditures. Money in the account may be used only as follows:

(1) operations fees assessed under section 115A.1314, subdivision 2a, and the onetime advanced operations fee assessed in section 115A.1319 must be used only for the purposes specified in section 115A.1314, subdivision 2a, paragraph (c); and

(2) registration fees paid under section 115A.1314, subdivision 1, must be used to reimburse the agency's costs to administer and enforce sections 115A.1310 to 115A.1330.

Subd. 3. Appropriation. Money in the account is appropriated to the commissioner for the purposes of subdivision 2.

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Sec. 9. Minnesota Statutes 2022, section 115A.1322, is amended to read:

115A.1322 OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require households to use public facilities to recycle their covered electronic devices to the exclusion of other lawful programs available. Cities, counties, and other public agencies, including those awarded contracts by the agency under section 115A.1314, subdivision 2, are encouraged to work with manufacturers to assist them in meeting their recycling obligations under section 115A.1318, subdivision 1. Nothing in sections 115A.1310 to 115A.1330 prohibits or restricts the operation of any program recycling covered electronic devices in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling covered electronic devices, provided that those persons are registered under section 115A.1312.

Sec. 10. Minnesota Statutes 2022, section 115A.1324, is amended to read:

115A.1324 REQUIREMENTS FOR PURCHASES BY STATE AGENCIES.

(a) The Department of Administration must ensure that acquisitions of ~~video display~~ covered electronic devices under chapter 16C are in compliance with or not subject to sections 115A.1310 to 115A.1318.

(b) The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with paragraph (a) and sections 115A.1310 to 115A.1318.

(c) Any person awarded a contract under chapter 16C for purchase or lease of ~~video display~~ covered electronic devices that is found to be in violation of paragraph (a) or sections 115A.1310 to 115A.1318 is subject to the following sanctions:

(1) the contract must be voided if the commissioner of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract;

(2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150; and

(3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating paragraph (a) or sections 115A.1310 to 115A.1318, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit.

Sec. 11. Minnesota Statutes 2022, section 115A.1326, is amended to read:

115A.1326 REGULATING ~~VIDEO DISPLAY~~ COVERED ELECTRONIC DEVICES.

If the United States Environmental Protection Agency adopts regulations under the Resource Conservation and Recovery Act regarding the handling, storage, or treatment of any type of ~~video display~~ covered electronic device being recycled, those regulations are automatically effective in this state on the same date and supersede any rules previously adopted by the agency regarding the handling, storage, or treatment of all ~~video display~~ covered electronic devices being recycled.

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Sec. 12. Minnesota Statutes 2022, section 115A.1330, is amended to read:

115A.1330 LIMITATIONS.

Sections 115A.1310 to 115A.1330 expire if a federal law, or combination of federal laws, take effect that is applicable to all ~~video display~~ covered electronic devices sold in the United States and establish a program for the collection and recycling or reuse of ~~video display~~ covered electronic devices that is applicable to all video display devices discarded by households.

Sec. 13. [115A.1331] DEFINITIONS.

(a) For the purposes of sections 115A.1331 to 115A.1339, the following terms have the meanings given.

(b) "Collector" means a public or private entity registered with the agency under section 115A.1312 to collect or receive discarded electronics recyclables from a covered entity and arrange for their delivery to a transporter or recycler.

(d) "Electronics recyclables" means products that are powered by, generate, store, or conduct electricity. Electronics recyclables does not include:

(1) a covered electronic device, as defined in section 115A.1310, subdivision 7;

(2) electric vehicles, as defined in section 169.011, subdivision 26a;

(3) industrial machinery;

(4) major appliances;

(5) solar photovoltaic panels;

(6) real property or fixtures;

(7) lead acid batteries; or

(8) equipment used solely for medical purposes.

(e) "Manufacturer" means a person who:

(1) manufactures electronics recyclables to be sold under its own brand as identified by its own brand label; or

(2) sells electronics recyclables manufactured by others under its own brand as identified by its own brand label.

(f) "Recycler" means a person registered with the agency under section 115A.1312 to conduct recycling on electronics recyclables. Recycler does not mean a person whose sole operation with respect to electronics recyclables is to manually dismantle them.

(g) "Recycling" means:

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(1) disassembling, dismantling, or shredding electronics recyclables to recover certain materials and delivering such materials for further processing; or

(2) salvaging components of electronics recyclables for use in new products and delivering such components for further processing or use.

Recycling does not include:

(i) the destruction by incineration or other process or land disposal of recyclable materials retrieved from electronics recyclables;

(ii) reuse;

(iii) repair; or

(iv) any other process through which electronics recyclables are enabled to be reused in their original form.

(h) "Refurbished" means a used electronics recyclable that was recycled or returned to the manufacturer, then tested and, if necessary, repaired by the manufacturer or a third party before being sold again.

(i) "Retailer" means a person who offers electronics recyclables for sale in or into this state. Retailer includes a:

(1) retailer maintaining a place of business in this state;

(2) marketplace provider maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (a);

(3) retailer not maintaining a place of business in this state; and

(4) marketplace provider not maintaining a place of business in this state, as defined in section 297A.66, subdivision 1, paragraph (b).

Retailer does not include a person whose sales of electronics recyclables in or into this state in the immediately preceding calendar year was less than $1,000.

(j) "Reuse" means:

(1) the repair, refurbishment, or enhancement of an electronics recyclable that enables it to be offered for sale for the same purpose for which it was originally manufactured; or

(2) the offering for sale of a discarded electronics recyclable or any of its components that have not undergone repair, refurbishment, or enhancement.

(k) "Transporter" means a person that transports discarded electronics recyclables from a collector to a recycler.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 14. [115A.1332] COLLECTOR AND RECYCLER REGISTRATION.

No person may operate as a collector or recycler of electronics recyclables unless the person has submitted a registration with the agency under section 115A.1312, subdivision 3 or 4, as applicable.

EFFECTIVE DATE. This section is effective July 1, 2025.

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Sec. 15. [115A.1335] RECYCLING FEE.

(a) Except as provided in paragraph (b), on and after January 1, 2025, a recycling fee is imposed on each retailer equal to 3.2 percent of the retail price to each electronics recyclable that the retailer offers for sale in this state.

(b) A retailer is not subject to the fee imposed in paragraph (a) for the sale of a cell phone but is instead subject to a fee of $0.90 for each cell phone sold. The fee imposed under this paragraph is subject to paragraphs (c) to (f).

(c) A retailer may collect the fee from the purchaser. If separately stated on the invoice, bill of sale, or similar document given to the purchaser, the fee is excluded from the sales price for purposes of the tax imposed under chapter 297A.

(d) If a retailer collects the fee from the purchaser, the retailer must show the total of the retail recycling fee as a separate item and distinct from the sales price and any other taxes or fees imposed on the retail purchase on the purchaser's receipt, invoice, or other bill of sale. The receipt, invoice, or other bill of sale must state the retail recycling fee as "electronic waste recycling fee."

(e) The fee required under this section may not be applied to previously owned or refurbished electronics recyclables.

(f) Beginning January 1, 2025, a retailer must remit the recycling fee for each electronics recyclable sold in this state to the commissioner monthly in a manner and accompanied by a form prescribed by the commissioner.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 16. [115A.1336] ELECTRONIC WASTE RECYCLING ACCOUNT.

Subdivision 1. Establishment of account. An electronic waste recycling account is established in the special revenue fund in the state treasury. The commissioner must credit to the account recycling fees remitted to the agency by retailers under section 115A.1335 and appropriations and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money remaining in the account at the end of a fiscal year does not cancel to the general fund but remains in the account until expended. The commissioner must manage the account.

Subd. 2. Use of money. (a) Of the amount in the account, beginning in fiscal year 2025 and continuing through fiscal year 2028, the commissioner must allocate $1,000,000 each year for awarding grants under section 115A.1342 and to reimburse the agency for its costs to administer that section. Unexpended money for this purpose remains available for this purpose until June 30, 2028, at which point it becomes available for other purposes in this subdivision.

(b) $420,000 is to be used for the study required under section 23.

(1) reimburse the costs of collectors under the electronic waste recycling program; and

(2) reimburse the reasonable costs of the agency to administer and enforce sections 115A.1331 to 115A.1340, which costs may not exceed three percent of the balance in the account at the end of the month in which the agency submits a reimbursement request, excluding the amounts set aside for the purposes of paragraphs (a) and (b).

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Subd. 3. Financial reserve limit. (a) The commissioner must not maintain a financial reserve in the account established under this section in excess of 75 percent of the agency's average annual expenses required to implement sections 115A.1331 to 115A.1342.

(b) If the financial reserve at any time exceeds 75 percent of the agency's annual expenses to implement sections 115A.1331 to 115A.1342, the commissioner must reduce the recycling fee established in section 115A.1335 for the following year to a level that results in compliance with this subdivision.

Subd. 4. Appropriation. Money in the account is appropriated to the commissioner for the purposes of subdivision 2.

EFFECTIVE DATE. This section is effective January 1, 2025.

Sec. 17. [115A.1337] DISPOSITION OF RECYCLING FEES.

Subdivision 1. Collectors' invoices. Beginning in the second quarter of 2025 and quarterly thereafter, a collector must submit to the commissioner, on a form and in a manner prescribed by the commissioner, information and supporting material documenting the following costs incurred to collect electronics recyclables during the previous quarter:

(1) the costs of collecting electronics recyclables that are transported for recycling;

(2) the costs of transporting electronics recyclables to recyclers, as evidenced by invoices from transporters; and

(3) recycling costs paid by collectors to recyclers of electronics recyclables, as evidenced by invoices from recyclers.

Subd. 2. Agency review; reimbursement. (a) The commissioner must review the information submitted by collectors under subdivision 1. The commissioner may request additional information or documentation from a collector.

(b) In determining the reasonableness of the cost information submitted by a collector under subdivision 1, the commissioner must compare the reported costs of collection, transportation, and recycling with those of other collectors, including collectors operating in the same geographic region, and must consider the extent to which significant deviations from the average cost are justified as a result of low population density, distance to recyclers, or other relevant factors.

(c) The commissioner may accept, reject, or modify the requested cost reimbursement amount submitted by a collector and must provide a collector with written notice of the reasons for any rejection or modification of the collector's requested cost reimbursement amount.

(d) Reimbursements to collectors for collection activities under this subdivision must be made only for the amount of collected electronics recyclables that is transported to a recycler.

(e) During the last week of each quarter, the commissioner must reimburse the collector for costs incurred during the previous quarter that the commissioner determines to be reasonable, plus an additional payment of $0.90 per pound of electronics recyclables recycled.

(f) A person registered as both a collector and a recycler under section 115A.1312 may not be reimbursed for collection costs with respect to any electronics recyclables recycled by the person, although the person is eligible to receive the $0.90 per pound additional payment under paragraph (e) for all electronics recyclables collected by that person that are recycled by that person or other recyclers.

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(g) A transporter or recycler may not charge or accept payment from any person except a collector for transporting, recycling, or otherwise handling electronics recyclables.

(h) Except as provided in paragraph (i), a collector must be compensated for the costs of collecting, transporting, and recycling electronics recyclables under sections 115A.1331 to 115A.1338 solely from reimbursements made by the commissioner from the proceeds of the recycling fee imposed in section 115A.1335.

(i) A collector may be compensated by a private individual for services that are associated with collecting and recycling electronics recyclables but that are not required under sections 115A.1331 to 115A.1338, including but not limited to:

(1) collecting electronics recyclables from a private individual's home or business;

(2) data destruction services; and

(3) agreeing to be present at an electronics recyclables collection event hosted by a sponsor at a location other than a permanent collection site.

(j) A collector may not be reimbursed by the commissioner from the proceeds of the recycling fee for services described in paragraph (i).

EFFECTIVE DATE. This section is effective July 1, 2025.

Sec. 18. [115A.1338] RESPONSIBILITIES.

Subdivision 1. Collector responsibilities. (a) Collection sites must be staffed and open to the public at times convenient and of sufficient duration to meet the needs of the area being served.

(b) A collector may:

(1) refuse to accept any specific type of electronics recyclable; and

(2) limit the number or type of electronics recyclables accepted per customer per day or per delivery.

(c) By July 15 each year, a collector of electronics recyclables must report to the agency the total weight of electronics recyclables collected during the preceding calendar year.

Subd. 2. Recycler responsibilities. A recycler sent electronics recyclables by a collector:

(1) may not charge a collector for transporting, recycling, or any necessary supplies related to transporting or recycling electronics recyclables, unless the charge is mutually agreed upon; and

(2) must annually submit a written report to the commissioner, at a time determined by the commissioner, specifying the total weight of electronics recyclables received from each collector during the previous year.

Subd. 3. Retailer responsibilities. A retailer who sells electronics recyclables must provide information to purchasers of those products describing:

(1) how electronics recyclables may be recycled;

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(2) opportunities and locations for the convenient collection of electronics recyclables for the purpose of recycling; and

(3) the fee for the operation of the program that is included in the purchase price of electronics recyclables sold in this state.

Subd. 4. Agency responsibilities(a) The commissioner must, in consultation with the Electronics Recyclables Advisory Committee established in section 115A.1341, collectors, and recyclers, annually review the amount of the recycling fee established under section 115A.1335 to ensure that revenue collected to reimburse collectors for collection, transportation, and recycling costs approved by the commissioner under section 115A.1337 and to reimburse the agency for the costs of administering and enforcing sections 115A.1331 to 115A.1342, is sufficient but not excessive. The commissioner may adjust the amount of the recycling fee or additional payment after considering:

(1) current and projected sales of electronics recyclables in this state;

(2) current and projected collection rates of electronics recyclables discarded in this state;

(3) the costs of collecting, transporting, and recycling electronics recyclables in this state; and

(4) the agency's costs of administering and enforcing sections 115A.1331 to 115A.1342.

(b) To ensure the most efficient use of recycling fees, the commissioner must encourage and may require collectors operating in nearby areas to consolidate what would otherwise be smaller separate shipments of electronics recyclables to recyclers.

(c) The commissioner must enforce sections 115A.1331 to 115A.1339 in the manner provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072. The commissioner may revoke a registration of a collector or recycler that violates sections 115A.1331 to 115A.1338.

EFFECTIVE DATE. This section is effective July 1, 2025.

Sec. 19. [115A.1339] REPORTING.

No later than July 1, 2026, and by each July 1 thereafter, the commissioner must submit a written report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over environment policy and finance on the operation of the electronic waste recycling program under sections 115A.1331 to 115A.1339. The report must include, at a minimum:

(1) the total weight of electronics recyclables collected during the previous year, by collector and county;

(2) the total weight of electronics recyclables transported for recycling during the previous year, by collector and county;

(3) total recycling fees deposited into the electronic waste recycling account;

(4) total reimbursements paid to collectors from the electronic waste recycling account;

(5) impacts of the electronic waste recycling program on the number or location of collectors;

(6) suggested changes to improve the efficiency and effectiveness of the electronic waste recycling program; and

(7) any other information about program operations or other issues the commissioner deems relevant.

EFFECTIVE DATE. This section is effective July 1, 2025.

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Sec. 20. [115A.1340] OTHER RECYCLING PROGRAMS.

A city, county, or other public agency may not require purchasers of electronics recyclables to use public facilities to recycle electronics recyclables to the exclusion of other lawful programs available. Nothing in sections 115A.1331 to 115A.1338 prohibits or restricts the operation of any program recycling electronics recyclables in addition to those operated under sections 115A.1331 to 115A.1338 or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronics recyclables if those persons are registered under section 115A.1312.

EFFECTIVE DATE. This section is effective July 1, 2025.

Sec. 21. [115A.1341] ELECTRONICS RECYCLABLES ADVISORY COMMITTEE.

Subdivision 1. Establishment; members. (a) The commissioner must, no later than October 1, 2024, establish and appoint an Electronics Recyclables Advisory Committee consisting of 11 members appointed as follows:

(1) one representative from each of two different sites operated by a public entity where electronics recyclables are collected for recycling;

(2) one representative from each of two different sites operated by a private entity where electronics recyclables are collected for recycling;

(3) one representative from each of two different Tribal environmental services organizations;

(4) one representative of a recycler of covered electronic devices, as defined in section 115A.1310, subdivision 7a;

(5) one representative of a recycler of electronics recyclables;

(6) one representative from each of two different environmental nonprofit organizations; and

(7) one representative from the public at-large.

(b) In appointing members to the advisory committee, the commissioner must:

(1) appoint a laborer as one of the representatives from a public or private collection site;

(2) not appoint a person who is a lobbyist registered under section 10A.03;

(3) appoint no more than seven members of the advisory committee who reside in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington Counties; and

(4) endeavor to appoint members representing all regions of the state.

Subd. 2. Duties. The advisory committee must recommend to the commissioner, based on information the advisory committee has gathered from collectors, recyclers, electronics manufacturers, environmental organizations, and members of the public, modifications to the programs operated under sections 115A.1310 to 115A.1338, including the level of the recycling fee established under section 115A.1335, that would make the programs more efficient or less costly or increase the amount of covered electronic devices and electronics recyclables collected and recycled.

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Subd. 3. Administration. (a) The advisory committee must elect a chair by majority vote at its initial meeting. The advisory committee must meet quarterly. Additional meetings may be held at the call of the chair.

(b) Agency staff serves as staff to the advisory committee.

Sec. 22. [115A.1342] ELECTRONICS RECYCLER AIR QUALITY IMPROVEMENT GRANT PROGRAM.

Subdivision 1. Definition. For the purposes of this section, "eligible applicant" means a recycler located in Minnesota that is participating in recycling programs operating under sections 115A.1310 to 115A.1337.

Subd. 2. Establishment. An electronics recycler air quality grant program is established in the agency to assist eligible applicants to purchase and install equipment to improve air quality in or outside the recycling facilities.

Subd. 3. Application and award process. (a) To be considered for a grant under this section, an eligible applicant must file a written application with the commissioner on a form prescribed by the commissioner.

(b) The commissioner must act as fiscal agent for the grant program and must develop administrative procedures to evaluate the application, evaluation, and grant award processes.

(d) Grants may be awarded to an eligible applicant for:

(1) equipment that improves indoor air quality in a facility operating a shredder or smelter;

(2) equipment that improves outdoor air quality in a facility operating a smelter; or

(3) forklifts that operate solely on electricity that replace forklifts operating solely on a fossil fuel.

Subd. 4. Grant amounts. A grant awarded under this section may not exceed the lesser of 90 percent of the purchase and installation costs of the applicable equipment or $500,000.

Subd. 5. Expiration. This section expires June 30, 2028.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 23. ELECTRONICS RECYCLING STUDY.

(a) The commissioner of the Pollution Control Agency must contract with an independent third party to conduct a study that examines the barriers to electronics recycling and recommends ways those barriers may be overcome. The study must, at a minimum, address:

(1) the status of end markets for materials recovered from electronics recycling;

(2) information regarding the toxicity of materials recovered from electronics recycling;

(3) ways to promote worker safety in facilities that recycle electronics;

(4) opportunities and methods to recover precious metals from electronic recycling processes;

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(5) measures to reduce emissions of greenhouse gases from electronic recycling facilities; and

(6) how changes in product design that increase the recyclability of electronics products can be encouraged.

(b) No later than March 1, 2025, the commissioner must submit a written report containing the findings and recommendations of the study to the chairs and ranking minority members of the senate and house of representatives committees with primary responsibility over recycling.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 24. REPEALER.

Minnesota Statutes 2022, section 115A.1316, subdivisions 1, 2, and 3, are repealed."

Delete the title and insert:

"A bill for an act relating to solid waste; establishing program to collect and recycle electronic waste; creating accounts; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 115A.1310; 115A.1312; 115A.1314; 115A.1318; 115A.1320; 115A.1322; 115A.1324; 115A.1326; 115A.1330; proposing coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2022, section 115A.1316, subdivisions 1, 2, 3."

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce Finance and Policy.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 3589, A bill for an act relating to trusts; clarifying in rem jurisdiction for judicial proceedings; amending Minnesota Statutes 2022, sections 501C.0202; 501C.0204, subdivision 1.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Hassan from the Committee on Economic Development Finance and Policy to which was referred:

H. F. No. 3608, A bill for an act relating to capital investment; appropriating money for renovations on the Haven for Heroes campus in the city of Anoka; canceling a prior appropriation.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.

The report was adopted.

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Olson, L., from the Committee on Ways and Means to which was referred:

H. F. No. 3613, A bill for an act relating to transportation; providing for clarifications on forecasted Metro Mobility funding; amending Minnesota Statutes 2022, section 473.386, subdivision 10; Laws 2021, First Special Session chapter 5, article 4, section 114.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Pinto from the Committee on Children and Families Finance and Policy to which was referred:

H. F. No. 3671, A bill for an act relating to child protection; modifying the definition of a child in need of protection or services; amending Minnesota Statutes 2022, section 260C.007, subdivision 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2022, section 260B.007, subdivision 6, is amended to read:

Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraphs (b), ~~and~~ (c), and (d), "delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;

(2) who has violated a federal law or a law of another state and whose case has been referred to the juvenile court if the violation would be an act of delinquency if committed in this state or a crime or offense if committed by an adult;

(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or

(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.

(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.

(c) The term delinquent child does not include a child alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct.

(d) Effective August 1, 2026, and applied to acts committed on or after that date, the term delinquent child does not include a child alleged to have committed a delinquent act before reaching 13 years of age.

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Sec. 2. Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:

Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense that would be a misdemeanor if committed by an adult.

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242, 609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section 260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The term juvenile petty offender does not include a child alleged to have violated any law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct which, if committed by an adult, would be a misdemeanor.

(e) Effective August 1, 2026, and applied to acts committed on or after that date, notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender does not include a child who is alleged to have committed a juvenile petty offense before reaching 13 years of age.

Sec. 3. Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

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(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old. This clause expires on July 31, 2026;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

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(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.; or

(17) effective August 1, 2026, has committed a delinquent act or a juvenile petty offense before reaching 13 years of age.

Sec. 4. DIRECTION TO COMMISSIONERS; CHILDREN WHO COMMIT A DELINQUENT ACT OR JUVENILE PETTY OFFENSE BEFORE REACHING 13 YEARS OF AGE.

Before August 1, 2026, the commissioners of human services; children, youth, and families; corrections; and public safety, in consultation with stakeholders, shall confer to ensure sufficient child protection system capacity and develop policies related to children who have committed a delinquent act or juvenile petty offense before reaching 13 years of age, who will be children in need of protection or services rather than delinquent children as of August 1, 2026. Policies developed under this section must include but are not limited to policies related to:

(1) the ability of responsible social services agencies to provide necessary interventions and services to these children and their families;

(2) the ability and authority to provide secure confinement, when appropriate; and

(3) victim rights and notification."

Delete the title and insert:

"A bill for an act relating to child protection; modifying the definitions of delinquent child, juvenile petty offender, and child in need of protection or services; amending Minnesota Statutes 2022, sections 260B.007, subdivisions 6, 16; 260C.007, subdivision 6."

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.

The report was adopted.

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

H. F. No. 3738, A bill for an act relating to natural resources; appropriating money for community tree planting grants.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [84.705] COMMUNITY TREE PLANTING GRANTS.

Subdivision 1. Definition. For the purposes of this section, "shade tree" means a woody perennial grown primarily for aesthetic or environmental purposes with minimal to residual timber value.

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Subd. 2. Grants. (a) The commissioner must establish a grant program to provide grants to cities, counties, townships, Tribal governments, and park and recreation boards in cities of the first class for the following purposes:

(1) removing and planting shade trees on public or Tribal land to provide environmental benefits;

(2) replacing trees lost to forest pests, disease, or storm; or

(3) establishing a more diverse community forest better able to withstand disease and forest pests.

(b) Any tree planted with money granted under this section must be a climate-adapted species to Minnesota.

Subd. 3. Priority. (a) Priority for grants awarded under this section must be given to:

(1) projects removing and replacing ash trees that pose significant public safety concerns; and

(2) projects located in whole or in part in a census tract where at least three of the following apply, as determined using the most recently published data from the United States Census Bureau or United States Centers for Disease Control and Prevention:

(i) 20 percent or more of the residents have income below the federal poverty thresholds;

(ii) the tract has a United States Centers for Disease Control and Prevention social vulnerability index greater than 0.80;

(iii) the upper limit of the lowest quintile of household income is less than the state upper limit of the lowest quintile;

(iv) the housing vacancy rate is greater than the state average; or

(v) the percent of the population receiving Supplemental Nutrition Assistance Program (SNAP) benefits is greater than the state average.

(b) The commissioner may not prioritize projects based on criteria other than the criteria established under paragraph (a).

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 2. COMMUNITY TREE PLANTING GRANTS; BONDS.

Subdivision 1. Appropriation. $40,000,000 is appropriated from the bond proceeds fund to the commissioner of natural resources for community tree planting grants under Minnesota Statutes, section 84.705.

Subd. 2. Bond sale. To provide the money appropriated in this section from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $40,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

EFFECTIVE DATE. This section is effective the day following final enactment."

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Delete the title and insert:

"A bill for an act relating to natural resources; providing for community tree-planting grants; appropriating money; authorizing the sale and issuance of state bonds; proposing coding for new law in Minnesota Statutes, chapter 84."

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.

The report was adopted.

Gomez from the Committee on Taxes to which was referred:

H. F. No. 3769, A bill for an act relating to taxation; corporate franchise; modifying the effective date of a reduction in the limitation on the deductibility of net operating losses; amending Laws 2023, chapter 64, article 1, section 44.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Pryor from the Committee on Education Policy to which was referred:

H. F. No. 3780, A bill for an act relating to education; special education; modifying requirements for developmental adapted physical education assessments; requiring a report; amending Minnesota Statutes 2023 Supplement, section 125A.08.

Reported the same back with the following amendments:

Page 4, line 13, after "disabilities;" insert "advocacy organizations that provide support to students with disabilities;"

Page 4, line 16, after "services," insert "and comply with paperwork requirements," and delete "associated with each model"

Page 4, after line 18, insert:

"(4) identify funding disparities that decrease inclusion;"

Renumber the clauses in sequence

Page 4, line 19, delete "that" and insert "and universal interventions that are evidence-based and"

With the recommendation that when so amended the bill be re-referred to the Committee on Education Finance.

The report was adopted.

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Pryor from the Committee on Education Policy to which was referred:

H. F. No. 3827, A bill for an act relating to education; requiring reporting on student attendance; amending Minnesota Statutes 2022, section 120A.22, subdivisions 12, 13; Minnesota Statutes 2023 Supplement, section 123B.147, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 127A.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 3874, A bill for an act relating to natural resources; modifying administrative penalty order authority for enforcing public water and drainage ditch buffer requirements; making certain lawns to legumes program data private; amending Minnesota Statutes 2022, sections 103B.101, subdivisions 12, 12a; 103F.48, subdivision 7; Minnesota Statutes 2023 Supplement, section 103B.104.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 3889, A bill for an act relating to health insurance; requiring coverage for amino acid-based elemental formula; amending Minnesota Statutes 2022, section 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the following amendments:

Page 2, delete section 2 and insert:

"Sec. 2. Minnesota Statutes 2022, section 256B.0625, subdivision 32, is amended to read:

Subd. 32. Nutritional products. Medical assistance covers nutritional products needed for nutritional supplementation because solid food or nutrients thereof cannot be properly absorbed by the body or needed for treatment of phenylketonuria, hyperlysinemia, maple syrup urine disease, a combined allergy to human milk, cow's milk, and soy formula, or any other childhood or adult diseases, conditions, or disorders identified by the commissioner as requiring a similarly necessary nutritional product. Medical assistance covers amino acid-based elemental formulas in the same manner as is required under section 62Q.524. Nutritional products needed for the treatment of a combined allergy to human milk, cow's milk, and soy formula require prior authorization. Separate payment shall not be made for nutritional products for residents of long-term care facilities. Payment for dietary requirements is a component of the per diem rate paid to these facilities."

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

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Acomb from the Committee on Climate and Energy Finance and Policy to which was referred:

H. F. No. 3900, A bill for an act relating to energy; modifying provisions governing the siting and relocation of high-voltage transmission lines; amending Minnesota Statutes 2022, section 216E.02, subdivision 1; Minnesota Statutes 2023 Supplement, section 161.46, subdivision 2.

Reported the same back with the following amendments:

Page 1, before line 7, insert:

"Section 1. Minnesota Statutes 2022, section 161.45, is amended by adding a subdivision to read:

Subd. 4. High-voltage transmission. Notwithstanding subdivision 1, paragraph (a), high-voltage transmission lines, under the laws of this state or the ordinance of any city, may be constructed, placed, or maintained across or along any trunk highway, aided state trunk highway, controlled access highway, interstate highway, or roadway, except as deemed necessary by the commissioner of transportation to protect public safety or ensure the proper function of the trunk highway. If the commissioner of transportation denies a high-voltage electric line collocation request, the reasons for the denial must be submitted for review to the chairs and ranking minority members of the committees with jurisdiction over energy and transportation, the Public Utilities Commission executive secretary, and the commissioner of commerce within 90 days of the denial. For the purposes of this subdivision, "high-voltage transmission line" has the meaning given in sections 216B.246, subdivision 1, paragraph (b), and 216E.01, subdivision 4.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to applications for a route permit for a high-voltage transmission line filed with the commission on or after that date."

Page 2, delete section 2

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete everything after the semicolon and insert "authorizing the construction, placement, or maintenance of high-voltage transmission lines across or along certain highways; modifying a provision governing the relocation of"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Finance and Policy.

The report was adopted.

Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

H. F. No. 3938, A bill for an act relating to human services; modifying certain licensing and zoning requirements; amending Minnesota Statutes 2022, section 245A.11, subdivision 2.

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Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2022, section 144G.45, subdivision 3, is amended to read:

Subd. 3. Local laws apply. Assisted living facilities shall comply with all applicable state and local governing laws, regulations, standards, ordinances, and codes for fire safety, building, and zoning requirements, except a facility with a licensed resident capacity of six or fewer is exempt from rental licensing regulations imposed by any town, municipality, or county.

Sec. 2. Minnesota Statutes 2022, section 245A.11, subdivision 2, is amended to read:

Subd. 2. Permitted single-family residential use. (a) Residential programs with a licensed capacity of six or fewer persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations, except that a residential program whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. This exception shall not apply to residential programs licensed before July 1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, which cannot be met because of the nature of the licensed program, including provisions which require the home's occupants be related, and that the home must be occupied by the owner, or similar provisions.

(b) Unless otherwise provided in any town, municipal, or county zoning regulation, licensed residential services provided to more than four persons with developmental disabilities in a supervised living facility, including intermediate care facilities for persons with developmental disabilities, with a licensed capacity of seven to eight persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations. A town, municipal, or county zoning authority may require a conditional use or special use permit to assure proper maintenance and operation of the residential program. Conditions imposed on the residential program must not be more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the persons being served by the program. This paragraph expires July 1, 2023.

(b) A residential program as defined in section 245D.02, subdivision 4a, with a licensed capacity of six or fewer persons that is actively serving residents for which it is licensed is exempt from rental licensing regulations imposed by any town, municipality, or county."

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Moller from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 4019, A bill for an act relating to public safety; ensuring that victim-identifying supporting documentation submitted by medical service provider to sexual assault exam payment program is classified private data; providing consistent definition of crime victim in statutes; excluding voluntary donation or gift as a collateral

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source for crime victim reimbursement; amending Minnesota Statutes 2022, sections 243.05, subdivision 1b; 253B.18, subdivision 5a; 253D.14, subdivision 1; 611A.73, subdivision 4; 629.72, subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 609.35; 611A.039, subdivision 1; 611A.52, subdivision 5.

Reported the same back with the following amendments:

Page 6, line 5, after "contract" insert "or benefits from any private source provided as a voluntary donation or gift"

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Moller from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 4020, A bill for an act relating to public safety; modifying registration and verification process for individuals required to register as predatory offenders; amending Minnesota Statutes 2022, section 243.166, subdivisions 1a, 3, by adding a subdivision.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Koegel from the Committee on Sustainable Infrastructure Policy to which was referred:

H. F. No. 4025, A bill for an act relating to infrastructure; establishing the Minnesota Advisory Council on Infrastructure; specifying office powers and duties; providing for implementation; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 15.

Reported the same back with the following amendments:

Page 2, delete subdivision 4

Page 2, line 10, delete "$......." and insert "$56,000"

Page 2, line 15, delete "$......." and insert "$192,000"

Page 2, line 17, delete everything after the period and insert "The base is $653,000 in fiscal year 2026 and $768,000 in fiscal year 2027."

Page 3, line 3, delete everything after "as" and insert "provided under sections 15.0481 to 15.0485."

Page 3, delete line 4

Page 4, line 4, delete "qualifications" and insert "appointment requirements"

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Page 4, line 5, after "has" insert "direct and practical"

Page 4, after line 11, insert:

"(b) Each appointing authority under subdivision 2, clauses (1) to (5), must appoint one individual who resides in a metropolitan county, as defined in section 473.121, subdivision 4, and one individual who resides outside of a metropolitan county."

Reletter the paragraphs in sequence

Page 4, line 14, delete "make reasonable efforts to"

Page 4, line 15, delete "and"

Page 4, line 16, delete the period and insert "; and"

Page 4, after line 16, insert:

"(3) representation from the public and private sectors."

Page 6, after line 14, insert:

"(2) analyze methods to improve efficiency and the use of resources related to (i) public infrastructure, and (ii) public asset management practices;

(3) identify opportunities to reduce duplication in infrastructure projects and asset management;

(4) identify barriers and gaps in effective asset management;"

Renumber the clauses in sequence

Page 6, line 18, delete the colon

Page 6, delete line 19

Page 6, line 20, delete "(ii)"

Page 6, line 24, after "of" insert "(i) information on existing asset management tools and resources, and (ii)"

Page 7, delete lines 16 to 17 and insert:

"(b) The executive director must have (1) leadership or management experience, and (2) training and experience in public works or asset management."

With the recommendation that when so amended the bill be re-referred to the Committee on State and Local Government Finance and Policy.

The report was adopted.

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Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 4053, A bill for an act relating to insurance; requiring health plan coverage of abortions and abortion‑related services; requiring medical assistance coverage of abortions and abortion-related services; making conforming changes; amending Minnesota Statutes 2022, sections 62D.02, subdivision 7; 62D.20, subdivision 1; 62D.22, subdivision 5; 62Q.14; Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2022, section 62A.041, subdivision 3.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 4104, A bill for an act relating to transportation; authorizing release of certain information on leased motor vehicles to licensed motor vehicle dealers; making technical changes; amending Minnesota Statutes 2023 Supplement, section 168.345, subdivision 2.

Reported the same back with the following amendments:

Page 2, after line 3, insert:

"EFFECTIVE DATE. This section is effective October 1, 2024."

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 4109, A bill for an act relating to judiciary; amending name of competency attainment board; amending Minnesota Statutes 2023 Supplement, sections 611.55, subdivision 1; 611.56, subdivisions 1, 6; 611.57, subdivisions 1, 4.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

H. F. No. 4193, A bill for an act relating to state government; transferring certain state-owned land in the Cloquet Forestry Center to the University of Minnesota; appropriating money for defeasance of outstanding debt on certain state bond financed property.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.

The report was adopted.

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Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

H. F. No. 4310, A bill for an act relating to state government; ratifying certain compensation plans.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Vang from the Committee on Agriculture Finance and Policy to which was referred:

H. F. No. 4322, A bill for an act relating to agriculture; amending the definition of sustainable aviation fuel; amending Minnesota Statutes 2023 Supplement, section 41A.30, subdivision 1.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 4326, A bill for an act relating to judiciary; designating certain personal information of justices, judges, and judicial staff as private data on individuals; restricting dissemination of personal information; providing a penalty; proposing coding for new law in Minnesota Statutes, chapters 13; 480; 609.

Reported the same back with the following amendments:

Page 1, line 15, after the period, insert "In the case of county records, the form shall be filed in the office of the county recorder in the county in which the judicial official resides. A form submitted under this section is classified as private data on individuals."

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 4483, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2022, sections 12A.02, subdivision 6; 12B.15, subdivision 8; 13.3805, subdivision 1; 13.6401, subdivision 2; 14.37, subdivision 2; 16A.99, subdivision 4; 62V.04, subdivision 12; 115A.952, subdivision 1; 116.07, subdivision 4k; 120A.22, subdivision 11; 122A.182, subdivision 5; 123B.72, subdivision 3; 124E.03, subdivision 7; 124E.14; 126C.05, subdivision 8; 126C.126; 126C.13, subdivision 4; 126C.17, subdivision 5; 150A.091, subdivisions 2, 5, 11a; 152.25, subdivision 1b; 155A.29, subdivision 2; 161.088, subdivision 7; 171.17, subdivision 1; 171.22, subdivision 1; 176.011, subdivision 15; 180.03, subdivision 4; 216B.161, subdivision 1; 241.67, subdivision 2; 245A.11, subdivision 2; 253B.02, subdivisions 7, 9; 256.042, subdivision 4; 256.9742, subdivision 3; 256B.056, subdivision 11; 256B.058, subdivision 2; 256B.0595,

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subdivisions 1, 4; 256B.0625, subdivision 56; 256B.0941, subdivision 1; 256B.196, subdivision 2; 256B.197, subdivision 3; 256B.4911, subdivision 1; 256D.64, subdivision 2; 256I.04, subdivision 2a; 256L.11, subdivisions 2, 6a; 259.12; 260B.188, subdivision 1; 270C.445, subdivisions 6b, 6c, 6d; 270C.446, subdivision 5; 272.02, subdivision 97; 273.032; 273.121, subdivision 1; 276.04, subdivision 2; 290.0132, subdivision 15; 297A.71, subdivision 14; 297A.75, subdivisions 1, 2, 3; 299K.09, subdivision 1; 326B.164, subdivision 5; 353.6511, subdivision 5; 353.6512, subdivision 5; 462.357, subdivision 7; 504B.178, subdivision 2; 609.2231, subdivision 3; 609.596, subdivision 3; 609.748, subdivision 1; Minnesota Statutes 2023 Supplement, sections 15.06, subdivision 1; 17.457, subdivision 5; 47.60, subdivision 1; 115E.042, subdivision 1a; 116J.871, subdivision 1; 116P.21, subdivision 5; 122A.092, subdivision 5; 124D.65, subdivision 5; 124E.02; 125A.15; 125A.51; 125A.515, subdivision 3; 144E.101, subdivisions 7, 12; 145D.01, subdivision 5; 145D.02; 147.02, subdivision 1; 147.03, subdivision 1; 174.07, subdivision 3; 181.217, subdivision 1; 245A.03, subdivisions 2, 7; 245A.10, subdivision 3; 245G.06, subdivision 3a; 256B.0625, subdivision 13e; 256B.0913, subdivision 5; 256B.0943, subdivision 1; 289A.08, subdivision 7a; 290.0132, subdivision 32; 290.067, subdivision 1; 290A.04, subdivision 2h; 297A.71, subdivision 44; 299C.10, subdivision 1; 326B.164, subdivision 13; 609.185; 624.7178, subdivision 4; Laws 2023, chapter 41, article 1, section 2, subdivision 49; Laws 2023, chapter 57, article 1, section 4, subdivision 2; Laws 2023, chapter 70, article 15, sections 10, subdivision 4; 12; repealing Minnesota Statutes 2022, sections 13.6435, subdivision 8; 16A.727; 256.021, subdivision 3; 273.11, subdivision 16; 297A.71, subdivision 45; Laws 2023, chapter 16, section 36; Laws 2023, chapter 53, article 11, section 31; Laws 2023, chapter 55, article 1, section 2; article 7, section 6; Laws 2023, chapter 57, article 2, section 39; Laws 2023, chapter 60, article 7, section 8; Laws 2023, chapter 63, article 7, sections 1; 3.

Reported the same back with the following amendments:

Page 5, after line 25, insert:

"Sec. 11. Minnesota Statutes 2022, section 62V.05, subdivision 5, is amended to read:

Subd. 5. Health carrier and health plan requirements; participation. (a) Beginning January 1, 2015, the board may establish certification requirements for health carriers and health plans to be offered through MNsure that satisfy federal requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory requirements that:

(1) apply uniformly to all health carriers and health plans in the individual market;

(2) apply uniformly to all health carriers and health plans in the small group market; and

(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148, the board shall establish policies and procedures for certification and selection of health plans to be offered as qualified health plans through MNsure. The board shall certify and select a health plan as a qualified health plan to be offered through MNsure, if:

(1) the health plan meets the minimum certification requirements established in paragraph (a) or the market regulatory requirements in paragraph (b);

(2) the board determines that making the health plan available through MNsure is in the interest of qualified individuals and qualified employers;

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(3) the health carrier applying to offer the health plan through MNsure also applies to offer health plans at each actuarial value level and service area that the health carrier currently offers in the individual and small group markets; and

(4) the health carrier does not apply to offer health plans in the individual and small group markets through MNsure under a separate license of a parent organization or holding company under section 60D.15, that is different from what the health carrier offers in the individual and small group markets outside MNsure.

(d) In determining the interests of qualified individuals and employers under paragraph (c), clause (2), the board may not exclude a health plan for any reason specified under section 1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148. The board may consider:

(1) affordability;

(2) quality and value of health plans;

(3) promotion of prevention and wellness;

(4) promotion of initiatives to reduce health disparities;

(5) market stability and adverse selection;

(6) meaningful choices and access;

(7) alignment and coordination with state agency and private sector purchasing strategies and payment reform efforts; and

(8) other criteria that the board determines appropriate.

(e) For qualified health plans offered through MNsure on or after January 1, 2015, the board shall establish policies and procedures under paragraphs (c) and (d) for selection of health plans to be offered as qualified health plans through MNsure by February 1 of each year, beginning February 1, 2014. The board shall consistently and uniformly apply all policies and procedures and any requirements, standards, or criteria to all health carriers and health plans. For any policies, procedures, requirements, standards, or criteria that are defined as rules under section 14.02, subdivision 4, the board may use the process described in subdivision 9 8.

(f) For 2014, the board shall not have the power to select health carriers and health plans for participation in MNsure. The board shall permit all health plans that meet the certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to be offered through MNsure.

(g) Under this subdivision, the board shall have the power to verify that health carriers and health plans are properly certified to be eligible for participation in MNsure.

(h) The board has the authority to decertify health carriers and health plans that fail to maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

(i) For qualified health plans offered through MNsure beginning January 1, 2015, health carriers must use the most current addendum for Indian health care providers approved by the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with Indian health care providers. MNsure shall comply with all future changes in federal law with regard to health coverage for the tribes."

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Page 50, after line 9, insert:

"Sec. 59. Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 5, is amended to read: