1.1                          A bill for an act 
  1.2             relating to the environment; modifying the toxic 
  1.3             pollution prevention act; amending Minnesota Statutes 
  1.4             1994, sections 115A.55, subdivision 3; 115D.03, 
  1.5             subdivision 5, and by adding a subdivision; 115D.05; 
  1.6             115D.07, subdivisions 1 and 2; 115D.08, subdivision 1; 
  1.7             and 115D.10; repealing Minnesota Statutes 1994, 
  1.8             section 115A.165. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 115A.55, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [FINANCIAL ASSISTANCE.] (a) The director shall 
  1.13  make loans and grants to any person for the purpose of 
  1.14  developing and implementing projects or practices to prevent or 
  1.15  reduce the generation of solid waste including those that 
  1.16  involve reuse of items in their original form or in 
  1.17  manufacturing processes that do not cause the destruction of 
  1.18  recyclable materials in a manner that precludes further use, or 
  1.19  involve procuring, using, or producing products with long useful 
  1.20  lives.  Grants may be used to fund studies needed to determine 
  1.21  the technical and financial feasibility of a waste reduction 
  1.22  project or practice or for the cost of implementation of a waste 
  1.23  reduction project or practice that the director has determined 
  1.24  is technically and financially feasible. 
  1.25     (b) In making grants or loans, the director shall give 
  1.26  priority to waste reduction projects or practices that have 
  1.27  broad application in the state and that have the potential for 
  2.1   significant reduction of the amount of waste generated. 
  2.2      (c) All information developed as a result of a grant or 
  2.3   loan shall be made available to other solid waste generators 
  2.4   through the public information program established in 
  2.5   subdivision 2. 
  2.6      (d) The director shall adopt rules for the administration 
  2.7   of this program and may administer the program in conjunction 
  2.8   with the grant program established under section 115D.05.  The 
  2.9   rules must prescribe the level or levels of matching funds 
  2.10  required for grants or loans under this subdivision. 
  2.11     Sec. 2.  Minnesota Statutes 1994, section 115D.03, 
  2.12  subdivision 5, is amended to read: 
  2.13     Subd. 5.  [ELIGIBLE RECIPIENTS.] "Eligible recipients" 
  2.14  means persons who use, generate, or release toxic pollutants, 
  2.15  hazardous substances, or hazardous wastes, or individuals or 
  2.16  organizations that provide assistance to these persons. 
  2.17     Sec. 3.  Minnesota Statutes 1994, section 115D.03, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 6a.  [OFFICER OF THE COMPANY.] "Officer of the 
  2.20  company" means one of the following: 
  2.21     (1) an owner or sole proprietor; 
  2.22     (2) a partner; 
  2.23     (3) for a corporation incorporated under chapter 300, the 
  2.24  president, secretary, treasurer, or other officer as provided 
  2.25  for in the corporation's bylaws or certificate of incorporation; 
  2.26     (4) for a corporation incorporated under chapter 302A, an 
  2.27  individual exercising the functions of the chief executive 
  2.28  officer or the chief financial officer under section 302A.305 or 
  2.29  another officer elected or appointed by the directors of the 
  2.30  corporation under section 302A.311; 
  2.31     (5) for a corporation incorporated outside this state, an 
  2.32  officer of the company as defined by the laws of the state in 
  2.33  which the corporation is incorporated; or 
  2.34     (6) for a limited liability company organized under chapter 
  2.35  322B, the chief manager or treasurer. 
  2.36     Sec. 4.  Minnesota Statutes 1994, section 115D.05, is 
  3.1   amended to read: 
  3.2      115D.05 [POLLUTION PREVENTION GRANTS.] 
  3.3      Subdivision 1.  [PURPOSE.] The director may make grants to 
  3.4   study or demonstrate the feasibility of applying specific 
  3.5   technologies and methods to prevent develop or implement 
  3.6   pollution prevention projects or practices. 
  3.7      Subd. 2.  [ELIGIBILITY.] (a) Eligible recipients may 
  3.8   receive grants under this section. 
  3.9      (b) Grants may be awarded up to a maximum of two-thirds 
  3.10  three-quarters of the total cost of the project.  Grant money 
  3.11  awarded under this section may not be spent for capital 
  3.12  improvements or equipment. 
  3.13     Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) In 
  3.14  determining whether to award a grant, the director shall 
  3.15  consider at least the following: 
  3.16     (1) the potential of the project to prevent pollution; 
  3.17     (2) the likelihood that the project will develop techniques 
  3.18  or processes that will minimize the transfer of pollution from 
  3.19  one environmental medium to another; 
  3.20     (3) the extent to which information to be developed through 
  3.21  the project will be applicable and disseminated to other persons 
  3.22  in the state; and 
  3.23     (4) the willingness of the grant applicant to implement 
  3.24  feasible methods and technologies developed under the grant; 
  3.25     (5) the willingness of the grant applicant to assist the 
  3.26  director in disseminating information about the pollution 
  3.27  prevention methods to be developed through the project; and 
  3.28     (6) the extent to which the project will conform to the 
  3.29  pollution prevention policy established in section 115D.02. 
  3.30     (b) The director shall adopt rules to administer the grant 
  3.31  program and may administer the grant program in conjunction with 
  3.32  the grant program established under section 115A.55, subdivision 
  3.33  3.  Prior to completion of any new rulemaking, the director may 
  3.34  administer the program under the procedures established in rules 
  3.35  promulgated under section 115A.154. 
  3.36     Sec. 5.  Minnesota Statutes 1994, section 115D.07, 
  4.1   subdivision 1, is amended to read: 
  4.2      Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
  4.3   PLAN.] (a) Persons who operate a facility required by United 
  4.4   States Code, title 42, section 11023, or section 299K.08, 
  4.5   subdivision 3, to submit a toxic chemical release form shall 
  4.6   prepare a toxic pollution prevention plan for that facility.  A 
  4.7   facility that is required to submit a toxic chemical release 
  4.8   form but does not release a toxic chemical is exempt from the 
  4.9   requirements of this subdivision.  The plan must contain the 
  4.10  information listed in subdivision 2. 
  4.11     (b) Except as provided in paragraphs (d) and (e), for 
  4.12  facilities that release a total of 10,000 pounds or more of 
  4.13  toxic pollutants annually, the plan must be completed as follows:
  4.14     (1) on or before July 1, 1991, for facilities having a 
  4.15  two-digit standard industrial classification of 35 to 39; 
  4.16     (2) by January 1, 1992, for facilities having a two-digit 
  4.17  standard industrial classification of 28 to 34; and 
  4.18     (3) by July 1, 1992, for all other persons required to 
  4.19  prepare a plan under this subdivision. 
  4.20     (c) Except as provided in paragraphs (d) and (e), 
  4.21  facilities that release less than a total of 10,000 pounds of 
  4.22  toxic pollutants annually must complete their plans by July 1, 
  4.23  1992. 
  4.24     (d) For the following facilities, the plan must be 
  4.25  completed as follows: 
  4.26     (1) by January 1, 1995, for facilities required to report 
  4.27  under section 299K.08, subdivision 3, that have a two-digit 
  4.28  standard industrial classification of 01 to 50; and 
  4.29     (2) by July 1, 1995 January 1, 1996, for facilities 
  4.30  required to report under section 299K.08, subdivision 3, that 
  4.31  have a two-digit standard industrial classification of 51 to 99. 
  4.32     (e) For facilities that become subject to this subdivision 
  4.33  after July 1, 1993, the plan must be completed by six months 
  4.34  after the first submittal for the facility under United States 
  4.35  Code, title 42, section 11023, or section 299K.08, subdivision 3.
  4.36     (f) Each plan must be updated every two years by January 1 
  5.1   of every even-numbered year and must be maintained at the 
  5.2   facility to which it pertains. 
  5.3      Sec. 6.  Minnesota Statutes 1994, section 115D.07, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
  5.6   prevention plan must establish a program identifying the 
  5.7   specific technically and economically practicable steps that 
  5.8   could be taken during at least the three years following the 
  5.9   date the plan is due, to eliminate or reduce the generation or 
  5.10  release of toxic pollutants reported by the facility.  Toxic 
  5.11  pollutants resulting solely from research and development 
  5.12  activities need not be included in the plan.  
  5.13     (b) At a minimum, each plan must include: 
  5.14     (1) a policy statement articulating upper management 
  5.15  support for eliminating or reducing the generation or release of 
  5.16  toxic pollutants at the facility; 
  5.17     (2) a description of the current processes generating or 
  5.18  releasing toxic pollutants that specifically describes the 
  5.19  types, sources, and quantities of toxic pollutants currently 
  5.20  being generated or released by the facility; 
  5.21     (3) a description of the current and past practices used to 
  5.22  eliminate or reduce the generation or release of toxic 
  5.23  pollutants at the facility and an evaluation of the 
  5.24  effectiveness of these practices; 
  5.25     (4) an assessment of technically and economically 
  5.26  practicable options available to eliminate or reduce the 
  5.27  generation or release of toxic pollutants at the facility, 
  5.28  including options such as changing the raw materials, operating 
  5.29  techniques, equipment and technology, personnel training, and 
  5.30  other practices used at the facility.  The assessment may 
  5.31  include a cost benefit analysis of the available options; 
  5.32     (5) a statement of objectives based on the assessment in 
  5.33  clause (4) and a schedule for achieving those objectives.  
  5.34  Wherever technically and economically practicable, the 
  5.35  objectives for eliminating or reducing the generation or release 
  5.36  of each toxic pollutant at the facility must be expressed in 
  6.1   numeric terms based on a specified base year that is no earlier 
  6.2   than 1987.  Otherwise, the objectives must include a clearly 
  6.3   stated list of actions designed to lead to the establishment of 
  6.4   numeric objectives as soon as practicable; 
  6.5      (6) an explanation of the rationale for each objective 
  6.6   established for the facility; 
  6.7      (7) a listing of options that were considered not to be 
  6.8   economically and technically practicable; and 
  6.9      (8) a certification, signed and dated by the facility 
  6.10  manager and an officer of the company under penalty of section 
  6.11  609.63, attesting to the accuracy of the information in the plan.
  6.12     Sec. 7.  Minnesota Statutes 1994, section 115D.08, 
  6.13  subdivision 1, is amended to read: 
  6.14     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  6.15  (a) All persons required to prepare a toxic pollution prevention 
  6.16  plan under section 115D.07 shall submit an annual progress 
  6.17  report to the commissioner that may be drafted in a manner that 
  6.18  does not disclose proprietary information.  Progress reports are 
  6.19  due on October 1 of each year.  The first progress reports are 
  6.20  due in 1992.  
  6.21     (b) At a minimum, each progress report must include: 
  6.22     (1) a summary of each objective established in the plan, 
  6.23  including the base year for any objective stated in numeric 
  6.24  terms, and the schedule for meeting the each objective; 
  6.25     (2) a summary of progress made during the past year, if 
  6.26  any, toward meeting each objective established in the plan 
  6.27  including the quantity of each toxic pollutant eliminated or 
  6.28  reduced; 
  6.29     (3) a statement of the methods through which elimination or 
  6.30  reduction has been achieved; 
  6.31     (4) if necessary, an explanation of the reasons objectives 
  6.32  were not achieved during the previous year, including 
  6.33  identification of any technological, economic, or other 
  6.34  impediments the facility faced in its efforts to achieve its 
  6.35  objectives; and 
  6.36     (5) a certification, signed and dated by the facility 
  7.1   manager and an officer of the company under penalty of section 
  7.2   609.63, attesting that a plan meeting the requirements of 
  7.3   section 115D.07 has been prepared and also attesting to the 
  7.4   accuracy of the information in the progress report. 
  7.5      Sec. 8.  Minnesota Statutes 1994, section 115D.10, is 
  7.6   amended to read: 
  7.7      115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
  7.8      The director, in cooperation with the commissioner and 
  7.9   commission, shall report to the environment and natural 
  7.10  resources committees of the legislature and the legislative 
  7.11  commission on waste management on progress being made in 
  7.12  achieving the objectives of sections 115D.01 to 115D.12.  The 
  7.13  report must be submitted by February 1 of each even-numbered 
  7.14  year. 
  7.15     Sec. 9.  [REPEALER.] 
  7.16     Minnesota Statutes 1994, section 115A.165, is repealed.