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HF 2356

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 02:07pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to solid waste; incorporating the factor of a county's proximity to a waste
processing facility in various waste management provisions; defining waste to
energy facility; requiring commissioner of Pollution Control Agency to reassess
county recycling goals; amending Minnesota Statutes 2020, sections 115A.02;
115A.03, subdivision 28, by adding a subdivision; 115A.46, subdivision 1;
115A.54, subdivision 1; 115A.551, subdivision 2a.

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

Section 1.

Minnesota Statutes 2020, section 115A.02, is amended to read:


115A.02 LEGISLATIVE DECLARATION OF POLICY; PURPOSES.

(a) It is the goal of this chapter to protect the state's land, air, water, and other natural
resources and the public health by improving waste management in the state to serve the
following purposes:

(1) reduction in the amount and toxicity of waste generated;

(2) separation and recovery of materials and energy from waste;

(3) reduction in indiscriminate dependence on disposal of waste;

(4) coordination of solid waste management among political subdivisions; and

(5) orderly and deliberate development and financial security of waste facilities including
disposal facilities.

(b) The waste management goal of the state is to foster an integrated waste management
system in a manner appropriate to the characteristics of the waste stream and thereby protect
the state's land, air, water, and other natural resources and the public health. The following
waste management practices are in order of preference:

(1) waste reduction and reuse;

(2) waste recycling;

(3) composting of source-separated compostable materials, including but not limited to,
yard waste and food waste;

(4) resource recovery through mixed municipal solid waste composting or incinerationnew text begin ,
including waste to energy
new text end ;

(5) land disposal which produces no measurable methane gas or which involves the
retrieval of methane gas as a fuel for the production of energy to be used on site or for sale;
and

(6) land disposal which produces measurable methane and which does not involve the
retrieval of methane gas as a fuel for the production of energy to be used on site or for sale.

new text begin (c) The legislature recognizes that the physical distance waste must be transported to
reach the various types of waste processing facilities listed in paragraph (b) and the resulting
costs a county would incur are likely to influence a county's selection of waste management
options.
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

Sec. 2.

Minnesota Statutes 2020, section 115A.03, subdivision 28, is amended to read:


Subd. 28.

Resource recovery facility.

"Resource recovery facility" means a waste
facility established and used primarily for resource recovery, including related and
appurtenant facilities such as transmission facilities and transfer stations primarily serving
the resource recovery facility.new text begin Resource recovery facility includes a waste to energy facility.
new text end

Sec. 3.

Minnesota Statutes 2020, section 115A.03, is amended by adding a subdivision to
read:


new text begin Subd. 37a. new text end

new text begin Waste to energy facility. new text end

new text begin "Waste to energy facility" means a facility that
recovers energy from waste incineration.
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

Sec. 4.

Minnesota Statutes 2020, section 115A.46, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) Plans shall address the state policies and purposes expressed
in section 115A.02 and may not be inconsistent with state law.

(b) Plans for the location, establishment, operation, maintenance, and postclosure use
of facilities and facility sites, for ordinances, and for licensing, permit, and enforcement
activities shall be consistent with the rules adopted by the agency pursuant to chapter 116.

(c) Plans shall address:

(1) the resolution of conflicting, duplicative, or overlapping local management efforts;

(2) the establishment of joint powers management programs or waste management
districts where appropriate; and

(3) other matters as the rules of the agency may require consistent with the purposes of
sections 115A.42 to 115A.46.

new text begin (d) Plans must include an analysis of factors that may limit a county's ability to employ
various waste management options, including the physical distance waste must be transported
to reach the nearest waste management facility offering a specific type of processing and
the costs a county would incur for that transportation.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end Political subdivisions preparing plans under sections 115A.42 to 115A.46 shall
consult with persons presently providing solid waste collection, processing, and disposal
services.

deleted text begin (e)deleted text end new text begin (f)new text end Plans must be submitted to the commissioner for approval. When a county board
is ready to have a final plan approved, the county board shall submit a resolution requesting
review and approval by the commissioner. After receiving the resolution, the commissioner
shall notify the county within 45 days whether the plan as submitted is complete and, if not
complete, the specific items that need to be submitted to make the plan complete. Within
90 days after a complete plan has been submitted, the commissioner shall approve or
disapprove the plan. If the plan is disapproved, reasons for the disapproval must be provided.

deleted text begin (f)deleted text end new text begin (g)new text end After initial approval, each plan must be updated and submitted for approval at
least every ten years. The plan must be revised as necessary so that it is not inconsistent
with state law.

deleted text begin (g)deleted text end new text begin (h)new text end Rules that regulate plan content under subdivision 2 must reflect demographic,
geographic, regional, and solid waste system differences that exist among the counties.

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 2020, section 115A.54, subdivision 1, is amended to read:


Subdivision 1.

Purposes; public interest; declaration of policy.

The legislature finds
that the establishment new text begin and convenient location new text end of waste processing new text begin and management new text end facilities
and transfer stations serving such facilities is needed to manage properly the solid waste
generated in the state and to conserve and protect the natural resources in the state and the
health, safety, and welfare of its citizens; that opportunities to establish the facilities and
transfer stations are not being fully realized by individual political subdivisions or by
agreements among subdivisions; and that therefore it is necessary to provide capital assistance
to stimulate and encourage the acquisition and betterment of the facilities and transfer
stations.

Sec. 6.

Minnesota Statutes 2020, section 115A.551, subdivision 2a, is amended to read:


Subd. 2a.

County recycling goals.

(a) By December 31, 2030, 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; and

(2) for a metropolitan county, 75 percent by weight of total solid waste generation.

(b) 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.

(c) Any quantified recyclable materials that meet the definition in subdivision 1, paragraph
(a), or section 115A.03, subdivision 25a, are eligible to be counted toward a county's
recycling goal under this subdivision.

new text begin (d) No sooner than three years before the date county recycling goals established in
paragraph (a) are to be met, the commissioner must reassess the feasibility of counties
meeting the goals. In determining feasibility, the commissioner must consider changes in:
new text end

new text begin (1) global and regional markets for recyclable materials that affect the prices recycled
materials can bring;
new text end

new text begin (2) technologies and uses of materials that may affect the recyclability of products;
new text end

new text begin (3) consumer consumption patterns;
new text end

new text begin (4) the number, type, and proximity of waste processing facilities available to counties;
and
new text end

new text begin (5) other factors outside the counties' control that may affect the counties' ability to
achieve the goals.
new text end

new text begin The commissioner must, no later than 30 months before the date county recycling goals
established in paragraph (a) are to be met, submit a report on the findings and
recommendations of the analysis required under this paragraph to the chairs and ranking
minority members of the senate and house committees with jurisdiction over solid waste
policy, including recommendations on how to overcome barriers to achieving the recycling
goals in paragraph (a) and any recommendations on amending the goals.
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