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SF 663

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/02/2014 05:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 663
1.2A bill for an act
1.3relating to state government; making changes to resource recovery provisions;
1.4amending Minnesota Statutes 2012, section 115A.15, subdivisions 2, 9, 10.
1.5April 30, 2014
1.6The Honorable Sandra L. Pappas
1.7President of the Senate
1.8The Honorable Paul Thissen
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 663 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 663 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:

1.15    "Section 1. Minnesota Statutes 2012, section 115A.15, subdivision 2, is amended to
1.16read:
1.17    Subd. 2. Duties of commissioner of administration. The commissioner of
1.18administration shall develop policies to require state agencies and the state legislature to
1.19separate all recyclable and reusable commodities wherever feasible. The commissioner
1.20shall develop and institute procedures for the separation, collection, and storage of used
1.21commodities wherever feasible in state agencies and shall establish policies for the reuse,
1.22sale, or disposition of recovered materials and surplus property. The commissioner shall
1.23promote and publicize the waste reduction and waste separation and recovery procedures
1.24on an ongoing basis to all state employees. The commissioner shall issue guidelines
1.25for the procurement of recyclable commodities and commodities containing recycled
1.26materials that include definitions of recycled materials, the percentage of recycled
1.27materials to be contained in each commodity and performance specifications. To the
1.28extent practicable, the guidelines shall be written so as to give preference to recyclable
1.29commodities and commodities containing recycled materials. The commissioner shall
2.1inform state agencies whenever recycled commodities are available for purchase. The
2.2commissioner shall investigate opportunities for the inclusion of and may include local
2.3governments and regional agencies in administrative state programs to reduce waste, and
2.4to separate and recover recyclable and reusable commodities.

2.5    Sec. 2. Minnesota Statutes 2012, section 115A.15, subdivision 9, is amended to read:
2.6    Subd. 9. Recycling goal. By December 31, 1996, the commissioner Each state
2.7agency shall recycle at least 60 percent by weight of the solid waste generated by state
2.8 its offices and other state operations located in the metropolitan area at a rate that is the
2.9highest of: (1) 60 percent by weight; (2) the recycling rate required of a metropolitan
2.10county under section 115A.551, subdivision 2a; or (3) the recycling rate in compliance
2.11with the solid waste management policy plan goals under section 473.149. Each state
2.12agency shall recycle at least 60 percent by weight of the solid waste generated by its
2.13offices and other operations located outside of the metropolitan area. By March 1 of each
2.14year, the commissioner each state agency shall report to the Pollution Control Agency
2.15the estimated recycling rates by county for state offices and other state operations in the
2.16metropolitan area for the previous calendar year from the previous calendar year. State
2.17agencies shall report progress in achieving the recycling goal in the format specified by
2.18the Pollution Control Agency. The Pollution Control Agency shall incorporate these
2.19figures into the reports submitted by the counties under section 115A.557, subdivision 3,
2.20to determine each county's progress toward the goal in section 115A.551, subdivision 2 2a.
2.21Each state agency in the metropolitan area shall work to meet the recycling goal
2.22individually. If the goal is not met by an agency, the commissioner shall notify that
2.23agency that the goal has not been met and the reasons the goal has not been met and shall
2.24provide information to the employees in the agency regarding recycling opportunities
2.25and expectations. If the recycling goal is not met by a state agency, that agency shall
2.26provide information to all employees in the agency regarding recycling opportunities and
2.27expectations, and notify the Pollution Control Agency of the action that has been taken to
2.28meet the recycling goal.

2.29    Sec. 3. Minnesota Statutes 2012, section 115A.15, subdivision 10, is amended to read:
2.30    Subd. 10. Materials recovery facility; materials collection; waste audits. (a) The
2.31commissioner of the Department of Administration shall establish a central materials
2.32recovery facility to manage recyclable materials collected from state offices and other state
2.33operations in the metropolitan area. The facility must be located as close as practicable to
2.34the State Capitol complex and must be large enough to accommodate temporary storage
3.1of recyclable materials collected from state offices and other state operations in the
3.2metropolitan area and the processing of those materials for market.
3.3(b) (a) The commissioner shall establish a recyclable materials collection and
3.4transportation system for state offices and other state operations in the metropolitan area
3.5that will maximize the types and amount of materials collected and the number of state
3.6offices and other state operations served, and will minimize barriers to effective and
3.7efficient collection, transportation, and marketing of recyclable materials.
3.8(c) The commissioner shall perform regular audits on the solid waste and recyclable
3.9materials collected to identify materials upon which to focus waste reduction, reuse,
3.10and recycling activities and to measure:
3.11(1) progress made toward the recycling goal in subdivision 9;
3.12(2) progress made to reduce waste generation; and
3.13(3) potential for additional waste reduction, reuse, and recycling.
3.14(d) (b) The commissioner may contract with private entities for the activities required
3.15in this subdivision if the commissioner determines that it would be cost-effective to do so.

3.16    Sec. 4. Minnesota Statutes 2012, section 115A.151, is amended to read:
3.17115A.151 RECYCLABLE MATERIAL CONTAINER RECYCLING
3.18 REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL BUILDINGS.
3.19(a) A public entity and an owner of a commercial building shall:
3.20(1) ensure that facilities under its control, from which mixed municipal solid waste
3.21is collected, have containers for also collect at least three recyclable materials, such as, but
3.22not limited to, paper, glass, plastic, and metal; and
3.23(2) transfer all recyclable materials collected to a recycler.
3.24(b) For the purposes of this section:
3.25(1) "public entity" means the state, an office, agency, or institution of the state,
3.26the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
3.27Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
3.28town, a school district, a special taxing district, or any entity that receives an appropriation
3.29from the state for a capital improvement project after August 1, 2002;
3.30(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
3.31them in section 473.121; and
3.32(3) "Metropolitan Mosquito Control Commission" means the commission created
3.33in section 473.702; and
3.34(4) "commercial building" means a building that:
3.35(i) is located in a metropolitan county, as defined in section 473.121;
4.1(ii) contains a business classified in sectors 42 to 81 under the North American
4.2Industrial Classification System; and
4.3(iii) contracts for four cubic yards or more per week of solid waste collection.
4.4EFFECTIVE DATE.This section is effective January 1, 2016.

4.5    Sec. 5. Minnesota Statutes 2012, section 116.78, subdivision 4, is amended to read:
4.6    Subd. 4. Sharps. (a) A person shall not place sharps with recyclable materials, as
4.7defined in section 115A.03.
4.8(b) Sharps, except those generated from a household or from a farm operation or
4.9agricultural business:
4.10(1) must be placed in puncture-resistant containers;
4.11(2) may not be compacted or mixed with other waste material whether or not the
4.12sharps are decontaminated unless it is part of an infectious waste decontamination process
4.13approved by the commissioner of the Pollution Control Agency that will prevent exposure
4.14during transportation and disposal; and
4.15(3) may not be disposed of at refuse-derived fuel facilities or at other facilities
4.16where waste is hand sorted.
4.17EFFECTIVE DATE.This section is effective the day following final enactment."
4.18Delete the title and insert:
4.19"A bill for an act
4.20relating to environment; making changes to resource recovery provisions;
4.21amending Minnesota Statutes 2012, sections 115A.15, subdivisions 2, 9, 10;
4.22115A.151; 116.78, subdivision 4."
We request the adoption of this report and repassage of the bill.
Senate Conferees:
..... .....
Alice M. Johnson John Marty
.....
David J. Osmek
House Conferees:
..... .....
Clark Johnson Frank Hornstein
.....
Denny McNamara