Committee adopts language creating private remedies and advances expanded e‑waste stewardship bill

Senate File 16‑90 would replace Minnesota’s older electronic‑recycling framework with a product stewardship model that requires brand producers to cover the cost of collecting and managing a wider range of electronics and batteries. The bill would expand covered devices beyond the 2007 law’s list and add measures to prevent improper disposal and fires caused by lithium batteries.

Tom Johnson, government relations director for the Minnesota Pollution Control Agency, told the committee the bill mirrors language in the governor’s budget recommendation and explained provisions within the committee’s jurisdiction. Section 9 creates a private right of action allowing a product stewardship organization (the nonprofit entity representing participating producers) to recover remediation costs when covered products are abandoned or improperly stored; the agency could also clean up materials and seek cost recovery. Section 10 provides a separate remedy to address so‑called free riders—producers who do not participate in the stewardship organization—by enabling cost recovery after a 60‑day notice period.

Johnson said the remedies include damages up to twice the actual cost of recovery plus reasonable attorney fees. He also described contract‑related language that allows the attorney general to void procurement contracts obtained through noncompliance. Minnesota recyclers testified in support, saying local recyclers have capacity but the old program limits material types and imposes local collection costs. The National Electrical Manufacturers Association voiced concerns about scope, representation on stewardship governance and possible impacts on manufacturers.

The committee recommended the bill be re‑referred to the Senate Committee on Commerce.