HF 2564

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:21pm

A bill for an act
relating to solid waste; establishing statewide source reduction goal; expanding
definition of recycling; requiring recycling in certain sports facilities and
commercial buildings; amending county recycling goals in metropolitan area;
appropriating money; amending Minnesota Statutes 2012, sections 115A.151;
115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 297H.13, subdivision 1,
by adding a subdivision; repealing Minnesota Statutes 2012, sections 115A.551,
subdivision 2; 297H.13, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 115A.151, is amended to read:

115A.151 RECYCLABLE MATERIAL CONTAINER REQUIREMENTS;
PUBLIC ENTITIES new text begin , SPORTS FACILITIES, AND COMMERCIAL BUILDINGS new text end .

(a) A public entity new text begin , the owner of a sports facility, and the owner of a commercial
building new text end shall:

(1) ensure that facilities under its control, from which mixed municipal solid waste
is collected, have containers for at least three recyclable materials, such as, but not limited
to, paper, glass, plastic, and metal; and

(2) transfer all recyclable materials collected to a recycler.

(b) For the purposes of this section:

(1) "public entity" means the state, an office, agency, or institution of the state,
the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;

(2) "metropolitan agency" and "Metropolitan Council," have the meanings given
them in section 473.121; deleted text begin and
deleted text end

(3) "Metropolitan Mosquito Control Commission" means the commission created
in section 473.702 new text begin ;
new text end

new text begin (4) "commercial building" means a building that contains a business classified in
sectors 42 to 81 under the North American Industrial Classification System and that
contracts for two cubic yards or more per week of solid waste collection; and
new text end

new text begin (5) "sports facility" means a professional or collegiate sports facility at which
competitions take place before a public audience new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 2.

Minnesota Statutes 2012, section 115A.55, subdivision 4, is amended to read:

Subd. 4.

Statewide source reduction goal.

(a) It is a goal of the state deleted text begin that there
be a minimum ten percent per capita reduction in the amount of mixed deleted text end new text begin and counties to
reduce the generation of new text end municipal solid waste deleted text begin generated in the state by December 31,
2000, based on a reasonable estimate of the amount of mixed municipal solid waste that
was generated in calendar year 1993 deleted text end .

(b) As part of the deleted text begin 1997 deleted text end report required under section 115A.411, the commissioner
shall submit to the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance
a proposed strategy for meeting the goal in paragraph (a). The strategy must include a
discussion of the different reduction potentials to be found in various sectors and may
include recommended interim goals. The commissioner shall report progress on meeting
the goal in paragraph (a), as well as recommendations and revisions to the proposed
strategy, as part of the deleted text begin 1999 deleted text end report required under section 115A.411.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2012, section 115A.551, subdivision 1, is amended to read:

Subdivision 1.

Definition.

(a) For the purposes of this section, "recycling" means,
in addition to the meaning given in section 115A.03, subdivision 25b, yard waste new text begin and
source-separated compostable materials new text end composting deleted text begin , deleted text end and recycling that occurs through
mechanical or hand separation of materials that are then delivered deleted text begin for reuse in their
original form or deleted text end for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.

(b) For the purposes of this section, "total solid waste generation" means the total
by weight of:

(1) materials separated for recycling;

(2) materials separated for yard waste new text begin and source-separated compostable materials
new text end composting;

(3) mixed municipal solid waste plus deleted text begin yard waste, deleted text end motor and vehicle fluids and
filters, tires, lead acid batteries, and major appliances; and

(4) residential new text begin and commercial new text end waste materials that would be mixed municipal solid
waste but for the fact that they are not collected as such.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 115A.551, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Supplementary deleted text end new text begin County new text end recycling goals.

new text begin (a) new text end By December 31, deleted text begin 1996
deleted text end new text begin 2030 new text end , each county will have as a goal to recycle the following amounts:

(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation; new text begin and
new text end

(2) for a metropolitan county, deleted text begin 50 deleted text end new text begin 75 new text end percent by weight of total solid waste generation.

new text begin (b) new text end Each county will develop and implement or require political subdivisions within
the county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 297H.13, subdivision 1, is amended to read:

Subdivision 1.

Deposit of revenues.

The revenues derived from the taxes imposed
on waste management services under this chapter shall be deposited by the commissioner
of revenue in the new text begin environmental fund in the new text end state treasury new text begin , established in section 16A.531,
subdivision 1 new text end .

Sec. 6.

Minnesota Statutes 2012, section 297H.13, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Appropriation. new text end

new text begin Fifty percent of the revenue deposited in the
environmental fund under this chapter is appropriated to the commissioner of the Pollution
Control Agency to be distributed to counties under section 115A.557, except that none of
these funds may be used for the purposes of section 115A.557, subdivision 2, clause (8).
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 115A.551, subdivision 2; and 297H.13,
subdivision 2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end