Tire producers would fund free collection and recycling in Minnesota

Tire producers would pay for a statewide system to collect, transport, and recycle discarded tires. The program would cover whole discarded tires from motorized vehicles and equipment. Tires from toys, bicycles, commercial aircraft, and personal mobility devices would be excluded. The state commissioner would have to approve the program plan. Collected tires would have to be resold or recycled; recycling could include burning tires or using them as fuel. Producer fees would cover program costs and a reserve for at least six months. Annual administrative fees would reimburse the state's oversight costs without exceeding them. The program could not charge anyone other than producers. State administrative fees would go into a dedicated account to pay for oversight and enforcement. The section would take effect the day after final enactment. The first annual administrative fee would be due on or before July 1, 2027.

Sellers could sell or offer covered tires only if their producer participates in a state-approved collection and recycling plan. The rule would cover Minnesota sales of tires marketed separately from vehicles or equipment. Tires from toys, bicycles, commercial aircraft, and personal mobility devices would be excluded. The responsible producer would be the manufacturer if the brand holder is based in the United States. Otherwise, responsibility would pass in order to the trademark owner or licensee, importer, or retailer.

Organizations formed by tire producers would submit plans, annual reports, and audits for state oversight. Public reports would compare collection and recycling results with goals and explain how missed goals would be addressed. Plans would be posted for public comment before approval. Plan changes and updated performance goals would also need approval. The commissioner would decide on an initial plan within 90 days. After rejection, the organization would have 45 days to resubmit, and the commissioner would have 45 days to decide. Only two resubmissions would be allowed. If revisions remain unacceptable, the commissioner would modify the plan. The organization would have to fully implement that plan within 120 days after approval. Organizations would pay for audits by a state-approved auditor and keep records for at least three years. Trade secrets submitted with audits would remain private. Reports would be due each March 1 starting in 2028. Goals would be updated two years after implementation and every three years thereafter. Audits would occur two years after implementation and every three years thereafter, or on state request, no more than once a year.

Producer organizations would receive limited protection from liability under state competition and trade laws. The protection would cover organizations arranging discarded tire collection, transport, and recycling under this program. Protection would apply only to actions necessary to plan and carry out the organization's chosen collection or recycling system. This protection would take effect the day after final enactment.