SF4439 (Legislative Session 94 (2025-2026))

Plastic bottle excise tax proposal

Related bill: HF3322

AI Generated Summary

Purpose

Proposes a new plastic bottle excise tax in Minnesota to raise revenue for water infrastructure. The tax would create a new tax category under Minnesota Statutes chapter 297H and apply to certain plastic beverage bottles sold in the state. The tax would sunset after December 31, 2030.

Main Provisions

  • Section 1 – Definitions

    • Beverage: a drinkable liquid intended for human consumption, excluding drugs regulated under federal law and infant formula.
    • Bottle distributor: a person who sells a taxable plastic bottle to a retailer in Minnesota, or a beverage producer who sells at retail.
    • Commissioner: Minnesota the Department of Revenue.
    • Taxable plastic bottle: a formed or molded container primarily of plastic resin, sealed, containing a beverage, and holding less than three liters when full.
  • Section 2 – Tax imposed

    • An excise tax is imposed on bottle distributors.
    • The tax is charged to the first distributor selling a taxable bottle to a retailer in Minnesota; with an exception: if a beverage producer sells directly at retail, the tax is imposed on the beverage producer instead.
    • Tax is payable quarterly, in a form and manner prescribed by the commissioner.
  • Section 3 – Rate of tax

    • The tax rate is ten cents per taxable plastic bottle sold.
  • Section 4 – Use of proceeds

    • Revenue from the tax must be deposited into the water infrastructure account established in a separate section.
  • Section 5 – Expiration

    • The tax provision expires after December 31, 2030 (sunset).

Significant changes to existing law

  • Creates a new plastic bottle excise tax under Minnesota law (chapter 297H) with defined terms, collection rules, and a sunset date.
  • Shifts tax liability to the first distributor or, in cases where a beverage producer sells retail, to the beverage producer.
  • Directs proceeds to a water infrastructure account, tying the tax revenue to water-related infrastructure funding.
  • Establishes quarterly payment requirements and a specific rate of 10 cents per bottle.

Relevant terms - plastic bottle excise tax - bottle distributor - beverage producer - taxable plastic bottle - rate of ten cents - payable quarterly - Minnesota Statutes chapter 297H - water infrastructure account - expiration 2030 - less than three liters - sealed container - beverage (excluding FDA-regulated drugs and infant formula)

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 12, 2026SenateActionIntroduction and first reading
March 12, 2026SenateActionReferred toTaxes

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Federal law cited in the beverage definition to exclude drugs regulated under the FDA Act and infant formula; this reference anchors the bill's definition of 'beverage' to federal regulation.",
      "modified": []
    },
    "citation": "21 U.S.C. § 301 et seq.",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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