HF 3540

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to solid waste; modifying the Waste Management Act; modifying
definitions; establishing principles of product stewardship; requiring recycling
of construction and demolition waste; setting standards for compost containers;
regulating compostable material; allowing residents to decline to receive local
telephone directories; requiring a model ordinance; providing civil penalties;
requiring a study; amending Minnesota Statutes 2006, section 115A.03,
subdivisions 21, 32a, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapters 115A; 325E; repealing Minnesota Statutes
2006, sections 115A.175; 115A.18; 115A.19; 115A.191; 115A.192; 115A.194;
115A.195; 115A.20; 115A.24; 115A.28, subdivision 3; 115A.30; 115A.301;
115A.55, subdivision 4; 115A.5501, subdivision 1; 115A.551, subdivision 7;
Minnesota Statutes 2007 Supplement, sections 115A.193; 115A.28, subdivision
2.

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

Section 1.

Minnesota Statutes 2006, section 115A.03, subdivision 21, is amended to
read:

Subd. 21.

Mixed municipal solid waste.

(a) "Mixed municipal solid waste" means
garbage, refuse, and other solid waste from residential, commercial, industrial, and
community activities that the generator of the waste aggregates for collection, except as
provided in paragraph (b).

(b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid
batteries, motor and vehicle fluids and filters, and other materials collected, processed,
and disposed of as separate waste streams deleted text begin , but does include source-separated compostable
materials deleted 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 2006, section 115A.03, is amended by adding a subdivision
to read:

new text begin Subd. 28c. new text end

new text begin Reuse. new text end

new text begin "Reuse" means:
new text end

new text begin (1) using materials for the purpose for which they were originally intended or for
another purpose that does not cause their destruction in a manner that precludes their
further use;
new text end

new text begin (2) using food manufactured for human consumption for human consumption by
humans for whom it was not originally intended; and
new text end

new text begin (3) diverting food manufactured for human consumption to consumption by animals.
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. 3.

Minnesota Statutes 2006, section 115A.03, subdivision 32a, is amended to read:

Subd. 32a.

Source-separated compostable materials.

"Source-separated
compostable materials" means deleted text begin mixed municipal solid waste deleted text end new text begin materials new text end that:

(1) deleted text begin is deleted text end new text begin are new text end separated at the source by waste generators for the purpose of preparing
deleted text begin it deleted text end new text begin them new text end for use as compost;

(2) deleted text begin is deleted text end new text begin are new text end collected separately from deleted text begin other deleted text end mixed municipal solid deleted text begin wastes deleted text end new text begin waste, and
are governed by the licensing provisions of section 115A.93 new text end ;

(3) deleted text begin is deleted text end new text begin are new text end comprised of food wastes, fish and animal waste, plant materials,
diapers, sanitary products, and paper that is not recyclable because the commissioner has
determined that no other person is willing to accept the paper for recycling; and

(4) deleted text begin is deleted text end new text begin are new text end delivered to a facility to undergo controlled microbial degradation to yield
a humus-like product meeting the agency's class I or class II, or equivalent, compost
standards and where process residues do not exceed 15 percent by weight of the total
material delivered to the facility.

Sec. 4.

new text begin [115A.0712] PRODUCT STEWARDSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Principles. new text end

new text begin Consistent with Minnesota Statutes, section 115A.02, it
is the goal of this state to promote resource conservation and protect public health and
the environment through product stewardship. Product stewardship is a preferred method
the state may implement to conserve resources, prevent waste, and reduce the toxicity of
product constituents. The principles of product stewardship are:
new text end

new text begin (a) All parties who have a role in designing, producing, or selling a product or
product component assume responsibility for achieving the following goals:
new text end

new text begin (1) ensuring that the principles of design for the environment govern product design
so that toxic and hazardous constituents of products are reduced or eliminated, and product
reuse and recycling are facilitated;
new text end

new text begin (2) reducing the toxicity and amount of waste resulting from the manufacture, use
and disposal of products; and
new text end

new text begin (3) using materials, energy and water efficiently at every stage of a product's life
cycle, including manufacture, distribution, sale, use and recovery.
new text end

new text begin (b) Purchasers and users play an important role in selecting products that reflect
design for the environment practices and managing the products appropriately at the
end of the product's life.
new text end

new text begin (c) The more influence a party has over a product's life-cycle impacts, the greater the
party's responsibility to address those impacts.
new text end

new text begin (d) Product stewardship programs should be flexible, transparent, and sustainable.
new text end

new text begin (e) End-of-life costs to recover resources and manage products are, to the extent
practicable, internalized into product costs, so they are not transferred to government
and taxpayers.
new text end

new text begin (f) Product stewardship programs are designed to maximize economic efficiency,
promote market competition, stimulate innovation, reduce costs, and provide convenient
collection opportunities.
new text end

new text begin (g) Government provides leadership in product stewardship in all its activities,
including, but not limited to, purchasing products and services, promoting stewardship
programs, and, if appropriate, facilitating collection and recycling options for products in
conjunction with other parties.
new text end

new text begin Subd. 2. new text end

new text begin Recommendations. new text end

new text begin By January 15, 2009, the commissioner must
present to the chairs and ranking minority members of the senate and house committees
with primary jurisdiction over environmental policy and environmental finance,
recommendations for establishing a comprehensive product stewardship approach to
reducing environmental and health risks posed by the use or disposal of certain products in
this state.
new text end

new text begin The recommendations must include, at a minimum:
new text end

new text begin (1) a set of criteria to be used to evaluate products proposed for product stewardship
solutions;
new text end

new text begin (2) a process for designating products for product stewardship solutions, and the role
the legislature would play in that process;
new text end

new text begin (3) typical components of product stewardship plans;
new text end

new text begin (4) options to facilitate the creation of industry-managed stewardship management
organizations;
new text end

new text begin (5) methods to identify and monitor progress towards stewardship performance
goals for specific products; and
new text end

new text begin (6) strategies to implement the use of standards, certifications, and eco-labels to
promote environmentally preferable products.
new text end

new text begin To the extent possible, the recommendations must be consistent with existing
product stewardship programs in North America. In developing the recommendations,
the commissioner must consult with manufacturers, retailers, recyclers, environmental
advocacy organizations, local units of government and other interested parties.
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. 5.

new text begin [115A.413] SOLID WASTE CHARACTERIZATION STUDY.
new text end

new text begin Beginning in 2010, and at least every ten years thereafter, the agency must conduct
a solid waste characterization study of waste generated by households and industrial,
commercial and institutional generators both inside and outside the seven-county
metropolitan area. The study must conduct field sorting events at multiple locations under
a sampling and sorting plan that insures that the data collected allows for an accurate
estimate of the composition of the waste stream by type of material, which estimate must
have a statistical margin of error at least as reliable as that in the agency's Statewide
Municipal Solid Waste Composition Study published in March 2000.
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. 6.

new text begin [115A.5591] CONSTRUCTION AND DEMOLITION WASTE
RECYCLING REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin A contractor constructing or demolishing a building
of more than 4,000 square feet located in the seven-county metropolitan area must recycle
or reuse or arrange for the recycling or reuse of 40 percent of the waste, by weight, from
the project. The waste must be recycled on-site or delivered to recycling facilities but
may not be buried on-site.
new text end

new text begin Subd. 2. new text end

new text begin Records. new text end

new text begin A contractor to whom subdivision 1 applies must maintain
records, including delivery receipts, documenting the disposition of all waste generated by
the project. The contractor must maintain the records for three years. If the contractor is
unable to achieve the 40 percent recycling goal established in subdivision 1, the records
must include an explanation of why the goal was unable to be met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 7.

new text begin [115A.933] MATERIALS USED FOR COMPOSTING.
new text end

new text begin After January 1, 2009, any plastic bag or container containing yard waste or food
waste collected in the seven-county metropolitan area and delivered by a person to a
compost facility and not removed from the compost facility by the person must meet all
the specifications in ASTM Standard Specification for Compostable Plastics (D6400). For
purposes of this section "ASTM" has the meaning given in section 296A.01, subdivision 6.
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. 8.

new text begin [115A.947] COMPOSTABLE MATERIALS.
new text end

new text begin (a) Source-separated compostable materials may be delivered to a mixed municipal
solid waste processing facility or a recycling facility only for the purpose of composting.
new text end

new text begin (b) Source-separated compostable materials may be delivered to a transfer station
only for transfer to a facility for the purpose of composting.
new text end

new text begin (c) Paragraphs (a) and (b) do not apply if the commissioner has determined that no
other person is willing to accept the source-separated compostable materials.
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. 9.

new text begin [325E.319] LOCAL TELEPHONE DIRECTORIES; OPTION TO
DECLINE DELIVERY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (a) "Deliver" means to physically bring to a resident by personal delivery, but
does not include actions by the United States Postal Service, a commercial courier, or
a commercial package delivery service that allows a customer to track the status of a
shipment by destination, date and time of delivery.
new text end

new text begin (b) "'Do Not Receive' registry" means a list established and maintained by a person
who publishes and delivers local telephone directories to residents that contains the names
and addresses of residents who have notified the person that they do not wish to receive a
local telephone directory.
new text end

new text begin (c) "Local telephone directory" means a publication listing the names, addresses, and
telephone numbers of local businesses by type and containing advertisements promoting
those businesses or the products they sell.
new text end

new text begin (d) "Resident" means a person that has a mailing address in Minnesota that is not a
post office box.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline delivery. new text end

new text begin (a) A person publishing and delivering local
telephone directories in this state must print in boldfaced type in 12-point font or larger on
the outside front cover of each directory the following information:
new text end

new text begin (1) a statement that reads: "IF YOU NO LONGER WISH TO RECEIVE THIS
DIRECTORY, PLEASE CALL THE FOLLOWING NUMBER, WRITE TO THE
FOLLOWING ADDRESS, OR E-MAIL THE FOLLOWING E-MAIL ADDRESS:"
new text end

new text begin (2) a toll-free telephone number, mailing address, and an e-mail address and Internet
web site that a resident may use to contact the person delivering the local telephone
directory to provide notice that the resident no longer wishes to receive the local directory
and wishes to be entered into the "Do Not Receive" registry. The telephone number,
mailing address, and e-mail address must remain active for at least three years.
new text end

new text begin (b) A person publishing and delivering local telephone directories in this state must
prominently and conspicuously place on the homepage of its Internet web site instructions
detailing how residents can enter their name, or verify that their name has been entered,
into the "Do Not Receive" registry.
new text end

new text begin (c) A person publishing and delivering local telephone directories in this state must
place into the "Do Not Receive" registry the name of a resident who requests to be entered
on it under paragraph (b), and must not remove the name unless the person receives
notice from the resident that the resident's name is to be removed from the "Do Not
Receive" registry.
new text end

new text begin (d) A person publishing and delivering local telephone directories in this state
must not deliver a local telephone directory to a resident whose name is in the "Do Not
Receive" registry.
new text end

new text begin (e) A person publishing a telephone directory may ask a resident requesting to be
entered into the "Do Not Receive" registry for only the resident's name, address, and
telephone number.
new text end

new text begin (f) A resident may not be charged a fee to be entered into the "Do Not Receive"
registry.
new text end

new text begin (g) This subdivision does not apply to an organization certified by the Internal
Revenue Service as exempt from federal income tax under section 501(c)(4) of the
Internal Revenue Code.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general or the county attorney located in
the county in which a violation occurs may enforce this section by commencing a civil
action in district court against a violator or to prevent a violation of this section. A civil
penalty of $500 may be assessed for each violation of this section.
new text end

new text begin (b) In any action pursuant to paragraph (a), it is a defense that the defendant
delivered a local telephone directory to a resident in error.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 10. new text begin MODEL ORDINANCE; CONSTRUCTION AND DEMOLITION
WASTE.
new text end

new text begin By January 1, 2009, the agency must arrange for the development of a model
ordinance for counties requiring contractors to process and recycle waste from
construction and demolition projects located in Minnesota. The model ordinance must
include provisions specifying that the contractor and any subcontractor must divert a
portion of construction waste and demolition waste from being deposited in a landfill
and recycle those wastes.
new text end

new text begin For the purposes of this subdivision, "construction waste" and "demolition waste"
have the meanings given in section 115A.1512, subdivision 1, paragraphs (b) and (c),
respectively.
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. 11. new text begin REPORT ON 2020 GOALS.
new text end

new text begin By January 1, 2009, the commissioner shall, after obtaining input from counties
inside and outside the seven-county metropolitan area, recycling and composting facilities,
waste haulers, environmental organizations, and other interested parties, submit a report
to the chairs and ranking minority members of the senate and house committees with
primary jurisdiction over solid waste policy, that recommends options for achieving the
following goals by 2020:
new text end

new text begin (1) an increase in county recycling rates to 60 percent of the weight of total solid
waste generation; and
new text end

new text begin (2) the diversion, prior to delivery to landfills and waste-to-energy plants, and
recycling and reuse of an amount of source-separated compostable materials equal to
15 percent of total solid waste generation.
new text end

new text begin The report must also contain estimates of the economic costs of implementing
the strategies.
new text end

Sec. 12. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, section 115A.03, the Revisor is instructed to renumber the
subdivisions in alphabetical order.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 115A.175; 115A.18; 115A.19; 115A.191;
115A.192; 115A.194; 115A.195; 115A.20; 115A.24; 115A.28, subdivision 3; 115A.30;
115A.301; 115A.55, subdivision 4; 115A.5501, subdivision 1; and 115A.551, subdivision
7, new text end new text begin and new text end new text begin Minnesota Statutes 2007 Supplement, sections 115A.193; and 115A.28, 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