HF 3389

as introduced - 89th Legislature (2015 - 2016) Posted on 03/21/2016 01:48pm

A bill for an act
relating to local governments; regulating organized collection; amending
Minnesota Statutes 2014, section 115A.94, subdivisions 3, 4d.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 115A.94, subdivision 3, is amended to read:

Subd. 3.

General provisions.

(a) The local government unit may organize
collection as a municipal service or by ordinance, franchise, license, negotiated deleted text begin or bidded
deleted text end contract, or other means, using one or more collectors or an organization of collectors. new text begin
The local government unit is prohibited from soliciting additional outside bids for
organized collection.
new text end

(b) The local government unit may not establish or administer organized collection
in a manner that impairs the preservation and development of recycling and markets for
recyclable materials. The local government unit shall exempt recyclable materials from
organized collection upon a showing by the generator or collector that the materials are or
will be separated from mixed municipal solid waste by the generator, separately collected,
and delivered for reuse in their original form or for use in a manufacturing process.

(c) The local government unit shall invite and employ the assistance of interested
persons, including persons licensed to operate solid waste collection services in the local
government unit, in developing plans and proposals for organized collection and in
establishing the organized collection system.

(d) Organized collection accomplished by contract or as a municipal service may
include a requirement that all or any portion of the solid waste, except (1) recyclable
materials and (2) materials that are processed at a resource recovery facility at the capacity
in operation at the time that the requirement is imposed, be delivered to a waste facility
identified by the local government unit. In a district or county where a resource recovery
facility has been designated by ordinance under section 115A.86, organized collection
must conform to the requirements of the designation ordinance.

Sec. 2.

Minnesota Statutes 2014, section 115A.94, subdivision 4d, is amended to read:

Subd. 4d.

Participating collectors proposal requirement.

new text begin (a) new text end Prior to establishing
a committee under subdivision 4a to consider organizing residential solid waste collection,
a city or town with more than one licensed collector must notify the public and all licensed
collectors in the community. The city or town must provide a deleted text begin 60-day deleted text end new text begin six-month new text end period in
which meetings and negotiations shall occur exclusively between licensed collectors and
the city or town to develop a proposal in which interested licensed collectors, as members
of an organization of collectors, collect solid waste from designated sections of the city or
town. The proposal shall include identified city or town priorities, including issues related
to zone creation, traffic, safety, environmental performance, service provided, and price,
and shall reflect existing haulers maintaining their respective market share of business as
determined by each hauler's average customer count during the six months prior to the
commencement of the deleted text begin 60-day deleted text end new text begin six-month new text end negotiation period. If an existing hauler opts
to be excluded from the proposal, the city may allocate their customers proportionally
based on market share to the participating collectors who choose to negotiate. The initial
organized collection agreement executed under this subdivision must be for a period of
three to seven years. Upon execution of an agreement between the participating licensed
collectors and city or town, the city or town shall establish organized collection through
appropriate local controls and is not required to fulfill the requirements of subdivisions
4a, 4b, and 4c, except that the governing body must provide the public notification and
hearing required under subdivision 4c.

new text begin (b) If the licensed collectors and the city or town are unable to reach an agreement
after engaging in negotiation for at least six months, either the licensed collectors or the city
or town may request arbitration. If the parties enter into arbitration, the costs of arbitration
must be shared equally between (1) the licensed collectors group, and (2) the city or town.
new text end