HF 2461

as introduced - 91st Legislature (2019 - 2020) Posted on 03/20/2019 01:00pm

A bill for an act
relating to environment; allowing a city within five miles of the border of a solid
waste management district or county to opt out of a solid waste processing or
disposal facility designation; amending Minnesota Statutes 2018, section 115A.86,
subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 115A.86, subdivision 1, is amended to read:

Subdivision 1.

Designation ordinance.

(a) The district or county shall prepare a
designation ordinance to implement a designation. The designation ordinance must:

(1) define the geographic area and the types and quantities of solid waste subject to
designation;

(2) specify the point or points of delivery of the solid waste;

(3) require that the designated solid waste be delivered to the specified point or points
of delivery;

(4) require the designated facility to accept all designated solid waste delivered to the
specified point or points of delivery, unless the facility has notified waste collectors in the
designated area that the facility is inoperative;

(5) set out the procedures and principles to be followed by the county or district in
establishing and amending any rates and charges at the designated facility; and

(6) state any additional regulations governing waste collectors or other matters necessary
to implement the designation.

(b) The designation ordinance must provide an exception for:

(1) materials that are exempt or excluded from the designation under section 115A.83
or 115A.84, subdivision 4; deleted text begin and
deleted text end

(2) materials otherwise subject to the designation for which negotiated contractual
arrangements exist that will require and effect the delivery of the waste to the facility for
the term of the contract deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) a statutory or home rule charter city that:
new text end

new text begin (i) is subject to a designation ordinance;
new text end

new text begin (ii) is located within five miles of the border of the district or county;
new text end

new text begin (iii) is required under the designation ordinance to transport materials more than twenty
miles; and
new text end

new text begin (iv) adopts a resolution opting out of the geographic area included in the ordinance.
new text end

Sec. 2. new text begin IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Contracts not impaired. new text end

new text begin Nothing in this act shall be construed to require
breach of a contract existing on the effective date of this act.
new text end

new text begin Subd. 2. new text end

new text begin Updating designation ordinances required. new text end

new text begin Each district or county with a
designation ordinance must amend the ordinance to conform with the requirements of
Minnesota Statutes, section 115A.86, as amended by this act. The amendment of the
ordinance must conform with the requirements of Minnesota Statutes, section 115A.86,
subdivision 5, except that:
new text end

new text begin (1) the commissioner of the Pollution Control Agency must approve the amendment if
the commissioner finds that it is consistent with Minnesota Statutes, section 115A.86, as
amended by this act; and
new text end

new text begin (2) the commissioner must not require the district or county to revise its designation
plan or to hold a hearing under Minnesota Statutes, section 115A.85, before submitting the
amended designation ordinance.
new text end

new text begin Subd. 3. new text end

new text begin No effect on remainder of designation area. new text end

new text begin Nothing in this act shall be
construed to affect the applicability or implementation of a designation ordinance in an area
that is not located within the boundaries of a statutory or home rule charter city that opts
out of the ordinance under Minnesota Statutes, section 115A.86, subdivision 1, paragraph
(b), clause (3).
new text end